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Antoinette Scherz
University of Oslo
  1. Rescue Missions in the Mediterranean and the Legitimacy of the EU’s Border Regime.Hallvard Sandven & Antoinette Scherz - 2022 - Res Publica:1-20.
    In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU border regime. In (...)
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  2. Tying Legitimacy to Political Power: Graded Legitimacy Standards for International Institutions.Antoinette Scherz - 2019 - European Journal of Political Theory.
    International institutions have become increasingly important not only in the relations between states, but also for individuals. When are these institutions legitimate? The legitimacy standards fo...
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  3. Legitimacy Beyond the State: Institutional Purposes and Contextual Constraints.N. P. Adams, Antoinette Scherz & Cord Schmelzle - 2020 - Critical Review of International Social and Political Philosophy 23 (3):281-291.
    The essays collected in this special issue explore what legitimacy means for actors and institutions that do not function like traditional states but nevertheless wield significant power in the global realm. They are connected by the idea that the specific purposes of non-state actors and the contexts in which they operate shape what it means for them to be legitimate and so shape the standards of justification that they have to meet. In this introduction, we develop this guiding methodology further (...)
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  4. Representation in Multilateral Democracy: How to Represent Individuals in the EU While Guaranteeing the Mutual Recognition of Peoples.Antoinette Scherz - 2017 - European Law Journal 23 (6):495-508.
    The democratic criteria for representation in the European Union are complex since its representation involves several delegation mechanisms and institutions. This paper develops institutional design principles for the representation of peoples and individuals and suggests reform options of the European Union on the basis of the theory of multilateral democracy. In particular, it addresses how the equality of individuals can be realised in EU representation while guaranteeing the mutual recognition of peoples. Unlike strict intergovernmental institutions, the EU requires an additional (...)
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  5.  94
    Proportionality as Procedure: Strengthening the Legitimate Authority of the UN Committee on Economic, Social and Cultural Rights.Antoinette Scherz & Alain Zysset - 2021 - Global Constitutionalism 10 (3):524-546.
    The Committee on Economic, Social and Cultural Rights (CESCR) has a new mechanism to receive individual complaints and issue views, which makes the question of how the Committee should interpret the broad articles of the International Covenant on Economic, Social and Cultural Rights more pressing than ever. Most commentators on the legitimacy of the CESCR’s interpretation have argued that interpreters should make better use of Articles 31–33 of the Vienna Convention on the Law of Treaties (VCLT) in order to improve (...)
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  6.  7
    You Can’T Tell Me What to Do! Why Should States Comply with International Institutions?Antoinette Scherz - forthcoming - Journal of Social Philosophy.
    The tension between the authority of states and the authority of international institutions is a persistent feature of international relations. Legitimacy assessments of international institutions play a crucial role in resolving such tensions. If an international institution exercises legitimate authority, it creates binding obligations for states. According to Raz’s well-known service conception, legitimate authority depends on the reasons for actions of those who are subject to it. Yet what are the practical reasons that should guide the actions of states? Can (...)
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  7. Union Citizenship Revisited: Multilateral Democracy as Normative Standard for European Citizenship.Antoinette Scherz & Rebecca Welge - 2014 - Journal of Ethnic and Migration Studies 41 (8):1254- 1275.
    Union Citizenship as currently implemented in the European Union introduces a distinct concept of citizenship that necessitates an adequate normative approach. The objective of this paper is to assess EU Citizenship against the theoretical background of multilateral democracy. This approach is specifically suited for this task, as it does not rely on a nation-state paradigm or the presumption of a further transformation into a federation or union. We propose three criteria by which to assess multilevel citizenship: equal individual rights, equal (...)
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  8. The UN Security Council, Normative Legitimacy and the Challenge of Specificity.Antoinette Scherz & Alain Zysset - 2020 - Critical Review of International Social and Political Philosophy:371-391.
    This paper discusses how the general and abstract concept of legitimacy applies to international institutions, using the United Nations Security Council as an example. We argue that the evaluation of the Security Council’s legitimacy requires considering three significant and interrelated aspects: its purpose, competences, and procedural standards. We consider two possible interpretations of the Security Council’s purpose: on the one hand, maintaining peace and security, and, on the other, ensuring broader respect for human rights. Both of these purposes are minimally (...)
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