1. Independent International Commission on Kosovo, The Kosovo Report: Conflict, International Response, Lessons Learned, 2000, at 164.
2. T. Franck, Fairness in International Law and Institutions, 1995, at 30–46. In the following, I will refer to this book. Franck has, however, addressed legitimacy in a number of other works, especially The Power of Legitimacy among Nations, 1990; and, most recently, “The Power of Legitimacy and the Legitimacy of Power: International Law in the Age of Power Disequilibrium”, AJIL 100 (2006), 88–106. 170
3. P.-M. Dupuy, “L’unité de l’ordre juridique international, Cours général de droit international public”, Recueil des cours, vol. 297, 2002, 9 at 405, ftn. 813 observes that Franck’s notion of legitimacy is closer to the notion of legality as traditionally understood in European political and legal philosophy than to the notion of legitimacy upheld by that philosophy.
4. See D. Bodansky, in this volume, p. 309 at 310 et seq.
5. Franck, Fairness, note 2, at 26.