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The Concept of Effectiveness Ininternational Law

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Chapter Summary

This chapter concentrates on the material element of territorial situations and considers the concept of effectiveness in international law using a broad theoretical perspective. Its main objective is to look into the theoretical and historical premises that sparked the doctrinal debate on effectiveness mostly in the 1950s and in the 1960s. This doctrinal debate is analysed, as well as more recent criticism from liberal international lawyers and critical legal studies representatives. The chapter draws some conclusions on the enduring ambiguities and questions surrounding the role of effectiveness in international law.

Keywords: democratic legitimacy; doctrinal debate; international law; neo-liberal international lawyers; territorial situations



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