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1 - International Lawyers and Legal Forms

Transatlantic Denials

from I - The Idea of International Law in the Divided West

Published online by Cambridge University Press:  29 April 2021

By
Jean d’Aspremont
Edited by
Chiara Giorgetti  and
Guglielmo Verdirame
Chiara Giorgetti
Affiliation:
University of Richmond
Guglielmo Verdirame
Affiliation:
King's College London
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Summary

Looking at both sides of the Atlantic, d’Aspremont challenges the narrative that pits international legal formalists against non-formalists and the common assumption among international lawyers according to which Europeans are more wedded to formalism – generically understood as the acknowledgement of the constraining role of legal forms – than their realist American counterparts. He explores two sides of the narratives, the “East Atlantic tale” and the “West Atlantic tale,” with the aim of showing that both Europeans and Americans continue to demonstrate attachment to legal forms. The only significant differences between them lie in the way in which they seek to reinvent formalism and the role of legal forms

Keywords

Legal formalismNon-formalistsRole of legal formsTransatlatic DenialsFormalism as common denominator
Type
Chapter
Information
Whither the West?
International Law in Europe and the United States
 , pp. 13 - 32
Publisher: Cambridge University Press
Print publication year: 2021

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