'Effectivity' in International Law: Self-Empowerment Against Epistemological Claustrophobia

108 ASIL Proceedings (2014)

4 Pages Posted: 7 Jul 2014

See all articles by Jean d'Aspremont

Jean d'Aspremont

Sciences Po Law School; University of Manchester - School of Law

Date Written: July 6, 2014

Abstract

This paper critically discusses the idea of effectivity in international law and formulates epistemological remarks on the role of effectivity in the main doctrines of international law (statehood, responsibility, jurisdiction, etc). After distinguishing between effectivity and effectiveness, it argues that effectivity alleviates the fear of certain categories of professionals, and especially legal academics, of being relegated to the periphery as well as their fear of theology. It provides them with a powerful drug against epistemological claustrophobia. Most importantly, it empowers these professionals with definitional power while allowing them to be perceived as being in the back seat.

Keywords: International Law, Effectivity, Effectiveness, Compliance, Epistemology, Descriptive Categories, Methodology of International Law, Legal Theory, Effective Controle, Statehood

Suggested Citation

d'Aspremont, Jean, 'Effectivity' in International Law: Self-Empowerment Against Epistemological Claustrophobia (July 6, 2014). 108 ASIL Proceedings (2014), Available at SSRN: https://ssrn.com/abstract=2462885

Jean D'Aspremont (Contact Author)

Sciences Po Law School ( email )

13 rue de l'université
Paris, 75007
France

HOME PAGE: http://www.sciencespo.fr/ecole-de-droit/en/profile/daspremont-jean

University of Manchester - School of Law ( email )

Oxford Road
Manchester M13 9PL, M139PL
United Kingdom

HOME PAGE: http://www.manchester.ac.uk/research/Jean.daspremont/

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