Skip to Main content Skip to Navigation
Book sections

Bindingness

Abstract : In the past decades of international legal thought, the defining role of bindingness has increasingly been approached with scepticism. It is less and less construed as the exclusive genetic code that provides the instructions for the identification and autonomous development of international legal discourses as international lawyers have sought to emancipate themselves from their own genetic heritage. Since the second half of the twentieth century, many international lawyers have come to feel that international legal discourses ought no longer to be structured and developed around the dichotomy between the ‘legally binding’ and the ‘legally nonbinding’. Their emancipatory moves have arguably brought about refreshing dynamism and excitement in international legal thought. And yet, as this chapter argues, bindingness has proved resilient. After recalling the modern understandings and ontological functions of bindingness in international legal discourses, a few observations are formulated on the emancipatory experiments found in recent international legal thought. The chapter ends with some remarks on the resilience of the idea of bindingness as a result of the anxiety and suspicion that has accompanied attempts to alter the genetic code of the discipline.
Keywords : International Law
Document type :
Book sections
Complete list of metadata

https://hal-sciencespo.archives-ouvertes.fr/hal-03239214
Contributor : Spire Sciences Po Institutional Repository Connect in order to contact the contributor
Submitted on : Thursday, May 27, 2021 - 2:17:14 PM
Last modification on : Friday, July 30, 2021 - 9:08:26 AM

Identifiers

Collections

Citation

Jean d'Aspremont. Bindingness. Jean D'aspremont; Sahib Singh. Concepts for International Law, Edward Elgar Publishing, pp.67 - 82, 2019, 9781783474677. ⟨hal-03239214⟩

Share

Metrics

Record views

20