Effectiveness: The Holy Grail of Modern International Lawyers: The New Paradigm? A Chimera? Or a Brave New World in the Global Economy?
Article from: OGEL Archive issue , in In the Spotlight
Summary
In this paper, I will examine the content, background, meaning, impact and implication of the - new - concept of "effectiveness" in international law. But, true to Confucius and Ludwig Wittgenstein, first some remarks on terminology: If a legal obligation or Treaty is effective or not - a "binary" question - is a classic test in any system of law. Legal obligations are either effective, and binding, or they are not. Treaties may not be ratified or only "provisionally effective", or they may be invalid or terminated, there may be conditions, reservations and exceptions ...