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Emergency Powers of International OrganizationsBetween Normalization and Containment$
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Christian Kreuder-Sonnen

Print publication date: 2019

Print ISBN-13: 9780198832935

Published to Oxford Scholarship Online: January 2020

DOI: 10.1093/oso/9780198832935.001.0001

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Assessing the Theory and Practice of IO Emergency Powers

(p.189) 7 Conclusion
Emergency Powers of International Organizations

Christian Kreuder-Sonnen

Oxford University Press

The concluding chapter revisits the proportionality theory and assesses its explanatory power relative to the theoretical competitors by way of an aggregated cross-case comparison. It finds that the theory fares exceptionally well in both explaining single case outcomes and accounting for variance across cases. The model holds across a variety of institutional designs, levels of authority, issue areas, and crisis types. Second, this chapter turns to the question of how to normatively evaluate IO exceptionalism. It proposes to distinguish three different questions about the normative legitimacy of (a) the adoption and exercise of emergency powers by IOs, (b) the process of constitutional change after IO exceptionalism, and (c) the post-exceptionalist political order of IOs. While the preliminary assessments of the cases on these dimensions are not uniform, overall they warrant skepticism regarding the normative legitimacy of mostly unregulated emergency politics at the global level.

Keywords:   constitutional change, constitutionalism, emergency politics, judicialization, normative legitimacy, power, proportionality

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