Substance- or legitimacy-oriented (de)legitimation of global governance institutions. The double-edged role of complexity

Abstract

ABSTRACT This paper contributes to International Relations studies on the (de)legitimation of global governance institutions by introducing a focus on substance-oriented (de)legitimation practices to complement existing legitimacy-oriented perspectives. Building on the distinction between performance and performativity, the paper clarifies the concepts of performing (de)legitimation as legitimacy-oriented and performative (de)legitimation as substance-oriented. It argues that while the former primarily aims to contest or establish legitimacy, the latter targets substantive outcomes but affects legitimacy as a by-product. The paper introduces three distinguishing criteria – orientation toward legitimacy or substance, focus on form or function, and justificatory or substantive manifestation – to differentiate between the two. Their empirical manifestation is illustrated through a case study of the United Nations’ open-ended intergovernmental working group on business and human rights, which highlights the role of complexity and how it can serve both sets of (de)legitimation practices by contributing to legitimacy and substance, respectively.