Bridging the legitimacy gap: a proposal for the international legal recognition of INGOs. Issue 2 (March 2018)

• Record Type: Journal Article
• Authors: Thrandardottir, Erla; Keating, Vincent
• Is Part Of: International politics. Volume 55:Issue 2(2018)
• Page Start: 207
• Page End: 220
• Publication Date: 2018-03
• Subjects: Legitimacy -- INGOs -- Accountability -- International law and order -- Global governance -- Charity Commission; International relations -- Periodicals; 327.1
• DOI: 10.1057/s41311-017-0098-9
• Languages: English
• ISSNs: 1384-5748

Abstract

Abstract In this paper, we argue that there is a gap between thede facto andde jure legitimacy of international non-governmental organisations (INGOs) that requires more consideration from scholars studying their role in the international system. The gradual acceptance of INGOs asde facto legitimate actors can be seen in the long-term expansion of their role in international norm deliberation. Despite this development, most INGOs still lack international legal recognition, and thusde jure legitimacy. We argue that this gap betweende facto andde jure legitimacy creates problems for both INGOs and members of international society. In seeking to address this disjunction, we highlight the limits of the current literature in understanding legitimacy as primarily sociological phenomena through an examination of the accountability agenda. We then propose a template for INGO legal recognition based on the principles that underpin the regulation of charities in English law as a first step in a gradualist argument for the institution of their internationalde jure legitimacy.