La théorie de la fonction promotionnelle du droit de Norberto Bobbio : contribution au débat sur la juridicité du droit international
type de documentART
This article examines, in the light of the Italian lawyer's reflections, the reasons traditionally invoked in support of the denial of the existence of international law. Based on practical examples, it shows that the use of norms of facilitation and reward – rather than prohibition and repression – in the international legal order makes it possible to rule out most of the traditional criticism of the absence of sanctions for violations of international law, and this, without sacrificing its effectiveness. Moreover, because these norms cannot perform but on the basis of a strong interdependence between the subjects of the order under consideration, the article shows that it is possible to assert that the international legal order has, despite its decentralized nature and notwithstanding widespread opposite doctrinal opinions, an obvious coherence and a structure which is definitely capable of ensuring the effectiveness of international law.