Increased international coordination after the Second World War saw both the creation of more multilateral institutions but also the deepening of existing institutions' authority. Since then, many international institutions have faced criticism from both civil society and state representatives (e.g. Zürn et al., 2012) which has intensified in recent years. Yet, addressing global problems such as poverty or climate change requires greater international collaboration than ever. So, how should we evaluate the authority of international institutions that demand compliance? When are such institutions legitimate? The question of state legitimacy has been at the core of political philosophy, and the concept and standards of legitimacy in respect of international institutions have recently garnered much attention (e.g. Adams et al., 2020; Besson, 2014; Buchanan & Keohane, 2006; Christiano, 2012; Sandven & Scherz, 2022). However, one aspect has largely been neglected in this debate, namely how and when legitimate authority is able to bind not only individuals but also states.
The concept of legitimacy is traditionally applied to state institutions, though questions of legitimacy also arise for international institutions as soon as they demand compliance. International institutions seek to bind and therefore demand compliance primarily of states through their rules or agreements, while they do so of individuals only secondarily through their states. It remains unclear how normative conceptions of legitimacy apply to states. Therefore, it is important to understand how legitimacy is applicable internationally to bind states.
This paper tackles precisely this question: Under what circumstances should states comply with international institutions? It is generally assumed that legitimate authority can demand compliance of subjected individuals also in cases when compliance conflicts (or is seen to conflict) with their self-interest according to normative considerations such as the common good, rights, or moral reasons. Yet, for states, such normative considerations are often seen as naïve and thus quickly abandoned for realist international relations theories. Therefore, the legitimate authority of international institutions is often challenged on the basis of state sovereignty. On the other hand, if the normative side is taken seriously, state consent is criticized for as a legitimacy standard. Can states be bound in order to solve global problems or to comply with human rights even without their consent? If individuals have a right to “personal pursuits” (Tan, 2004) based on their freedom or autonomy, then states might have a similar right to decide for themselves and only be subjected to the authority of international institutions to which they have explicitly consented. However, the use of such “domestic analogies” has often been critici
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