International Law, Relative Normativity, Prosper Weil, United Nations, International Court of Justice, Legal Status, Norms, International Relations
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Abstract
This course by Prosper Weil explores the concept of relative normativity in international law, its existence, and its flaws, providing a critical analysis of its judicial application.
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[...] This is a demonstration of the dependence of international law norms on the subjectivity of nation-states and their good faith in applying them and the power relations of the time. A. The Voluntarist Thesis of International Law « The International Community, Pillar of International Law Norms - Or, the United Nations are instrumentalized by the most influential States in international relations - The principles of treaty law and reciprocity of treaties are, therefore, relative and subjective - International law, which by definition should ideally be a sanctuary of objectivity, is in reality subjective B. [...]
[...] It appears that Prosper Weil regrets the position of some of his contemporaries who think that there is nothing to rethink about international law on the pretext that it is an illusion. It must be noted that this permanent questioning of Prosper Weil as to the judicial and concrete application of international law was visionary since three decades later, this questioning has never been so topical. P. Weil defends the thesis that only relativism allows the existence of international law on the very long term. I. [...]
[...] International Law in Search of Its Identity, Excerpts - Prosper Weil (1992) - To What Extent Does Relativism Permit the Existence of International Law in the Long Term? - Introduction and Detailed Plan Introduction In 2025, the year in which interstate conflicts and numerous violations of the fundamental principles of international law seem to be normalizing without any countermeasures being pronounced and implemented against the transgressors, this international law course sounds like a memorial reminder, or even a savior. This course was published in 1992, i.e. [...]
[...] Ignorance of international law by the vox populi The vox populi corresponds to the majority public opinion, the voice of the people - Challenging the Whig treaty of 1709 'Vox Populi, Vox Dei' - The low cultural capital of the Vox populi as a factor of its lack of knowledge of the existentiality of international law - Challenging the legal legitimacy of the systemic referendum B. International law, an empirical and historical reality - The Treaties of Westphalia of 26 October 1648 - The principles of supremacy of international law over national legal norms. - The role of the International Court of Justice since 1945 - The Legal Status of the United Nations II. [...]
