'Effectivity' in International Law: Self-Empowerment Against Epistemological Claustrophobia
108 ASIL Proceedings (2014)
4 Pages Posted: 7 Jul 2014
Date Written: July 6, 2014
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
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