The law of international organizations and the art of reconciliation: from dichotomies to dialectics

Open Access
Authors
Publication date 2015
Series Amsterdam Law School Legal Studies research paper, 2015-12
Number of pages 23
Publisher Amsterdam: Amsterdam Center for International Law, University of Amsterdam
Organisations
  • Faculty of Law (FdR) - Amsterdam Center for International Law (ACIL)
Abstract
After submitting that most scholarly and practical debates about the law of international organizations can be construed as a battle between arguments based on the idea of a contract and those based on the idea of a constitution, this article discusses international legal scholars' ability to turn the foundational dichotomies between contractualism and constitutionalism into a dynamic and dialectic framework. It makes the argument that international legal scholars, and especially legal academics, while unanimously acknowledging the existence of such paradigmatic tensions, are regularly tempted to iron them out through the promotion of a series of dialectical concepts or moves.
Document type Working paper
Note ACIL Research Paper 2015-05. - April 12, 2015
Language English
Downloads
SSRN-id2593048 (Accepted author manuscript)
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