Contributions to Disciplinary Thought
Edited by Jean d’Aspremont and Sahib Singh
Chapter 5: Bindingness
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.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.