Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-586b7cd67f-tf8b9 Total loading time: 0 Render date: 2024-11-28T07:33:57.623Z Has data issue: false hasContentIssue false

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
Get access

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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×