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2 results

  • 2 - The Literary Performances of the Tipping Point
  • Edited by Jean d'Aspremont, University of Manchester, John Haskell, University of Manchester
  • Book: Tipping Points in International Law
  • Published online: 23 October 2021
  • Print publication: 28 October 2021, pp 26-36
  • View extract

    Summary

    Using the notion of tipping point (hereafter ‘the tipping point’) to reflect on the dialectics at work between commitment and critique in international legal thought and practice comes with a fundamental ambivalence. On the one hand, there can only be excitement for the resort to such a new symbolic universe out of which innovative arrangements – and possibly thoughts – can emerge. For sure, the tipping point can prove a terribly enabling tool for international lawyers, even more so since the editors of this book and authors of the following chapters are not bound by the meanings, uses and semantics which the tipping point had been filled with in other disciplines. On the other hand, the use of the tipping point as a central conceptual tool limits what can possibly be thought and said about the dialectics between commitment and critique in international legal thought and practice. After all, the words that compose our language always allocate us a position and constrain our imagination, experience and thinking.

  • The Recommendations Made by the International Court of Justice
  • Jean D' Aspremont
  • Journal: International & Comparative Law Quarterly / Volume 56 / Issue 1 / January 2007
  • Published online by Cambridge University Press: 17 January 2008, pp. 185-198
  • Print publication: January 2007
  • View extract

    Any observer of the practice of the International Court of Justice (hereafter the ICJ or the Court) may have noticed the growing tendency of the United Nations judicial body to formulate recommendations to the parties that have appeared before it. Indeed, the Court is more and more inclined to recommend that the parties allay their dispute and alleviate all ensuing human sufferings. This leaning is particularly observable when the Court simultaneously dismisses a request for the indication of provisional measures. For instance, in the recent order rendered by the Court in the case concerning the Armed Activities on the Territory of Congo (Democratic Republic of the Congo v Rwanda), the Court made the following declaration: