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Governing with limited learning capacity? The question of institutional learning and global governance’s new legitimacy challenge
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Kuo, Ming-Sung (2023) Governing with limited learning capacity? The question of institutional learning and global governance’s new legitimacy challenge. Georgetown Journal of International Law . ISSN 1550-5200 . (In Press)
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Abstract
The rise of international organizations (IOs) as public authorities in global governance has reinvigorated the debate about IOs’ legitimacy. Efforts to address legitimacy concerns raised by IOs’ increased role have drawn on IOs’ perceived epistemic strength, suggesting that the rationality and soundness of their responses to governance needs lend them legitimacy. Yet IOs’ recent crisis responses have cast a shadow on this popular view. Using the state as the foil, this paper aims to cast light on the relationship between IOs’ institutional learning and legitimacy through investigating IOs’ intervention in recent transnational emergencies. It advances a two-fold argument. First, IOs’ institutional learning is limited because it lacks the democratic-reflexive and executive modes of learning, which have grown out of the quest for constitutional legitimacy in state formation and underpinned the state’s epistemic strength. Second, given that IOs’ institutional limits originate in their non-sovereign constitutional status, to improve their institutional learning on the model of constitutional legitimacy in the state will need to rest IOs on a constitutional framing—the societal foundation required of which is still eluding global governance. Such a constitutional project only exacerbates IOs’ legitimacy malaise without re-establishing their epistemic superiority or delivering legitimacy for global governance.
Item Type: | Journal Article | ||||||
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Subjects: | K Law [Moys] > KC International Law | ||||||
Divisions: | Faculty of Social Sciences > School of Law | ||||||
Journal or Publication Title: | Georgetown Journal of International Law | ||||||
Publisher: | Georgetown University Law Center | ||||||
ISSN: | 1550-5200 | ||||||
Official Date: | 2023 | ||||||
Dates: |
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Status: | Peer Reviewed | ||||||
Publication Status: | In Press | ||||||
Reuse Statement (publisher, data, author rights): | First published in Georgetown Journal of International Law . pp. | ||||||
Access rights to Published version: | Restricted or Subscription Access | ||||||
Date of first compliant deposit: | 4 September 2023 | ||||||
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