Solidarity as a Practical Reason: Grounding Authority of International Law

Abstract

The article deals with the concept of solidarity in international law. In particular, it focuses on the idea that solidarity is a(n) (emerging) principle of international law. I trace this idea back to classic solidarism and show how solidarity's image gradually shifted from being both factual and normative to being mainly normative. I then investigate to what kind of principles of international law solidarity belongs. I suggest that solidarity is a kind of normative principle, which, though essential for legitimation of international law, is not legally normative by the function it performs. I show that there is no need for solidarity to be a legal principle.

This article is to be presented at ESIL Research Forum "Solidarity. The Quest for Founding Utopias of International Law", 23-24 April 2020 in Catania (Italy).

Keywords: principles of international law, solidarity, authority of international law, legal normativity, legality

JEL Classification: K00, K33