Is an international organisation’s (IO’s) compliance with international law essential to its legitimacy? And, even when a link between compliance and legitimacy obtains, is member state cooperation with the organisation contingent on its legitimacy? Might the answer to either of these questions vary systematically by organisational type?
In a rich and important contribution to understanding the dynamics of a relatively young area of international law, Professor Kristina Daugirdas offers a transnational legal discourse framework to understand why IOs comply with international law and the vital role that the Draft Articles on the Responsibility of International Organizations (DARIO) can play in that process. She supplements this with a granular, compelling account of the theory in action in the transnational struggle to hold the UN to account for the cholera epidemic in Haiti.
As I understand it, Kristina’s account of the IO accountability process (exemplified by the Haiti case) goes something like this:
- The legitimacy of an IO depends on its compliance with its international legal obligations.
- By bringing clarity and specificity, the DARIO expand the quality and quantity of transnational legal discourse on IO responsibility, catalyze clarity on the primary obligations of IOs, and therefore tighten the link between IO compliance and legitimacy.
- The legitimacy of an IO is essential to the IO’s success in generating the cooperation and support of its member states.
- IOs will act so as to ensure that cooperation and support.
- In light of (1)-(4), the DARIO can sharpen and enhance IOs’ incentives to comply with and uphold both the primary and secondary rules of international law.
My comments focus on step (1) – the tie between legality and legitimacy, and step (3) – the claim that from IO legitimacy, member state cooperation follows. Both are crucial to Kristina’s theory and to her assertion that IOs are likely “even more sensitive” to transnational discourse than are states. However, I suspect that IOs may vary considerably in the degree to which they conform to either step. Understanding that variance and what explains these relationships when they do obtain is essential to grasping the scope of the theory and its implications for the role of the DARIO. Read the rest of this entry…