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Recherches sur la notion de légitimité en droit international

Abstract : Legitimacy - setting generally the problem of the "foundation" and the obligatory nature of the law - has always occupied a limited place in the legal analysis mainly because of its legally non - defined character. on the other hand, if, in the internal law, the problem of the legitimacy seems to find a solution in the existence of a higher organ liable to bring about the necessary meditations between the controls on legality and the appreciations on legitimacy, the situation is different in the international law in the sense that the states - main subjects law avail themselves of various legitimacy likely to lead to conflicts un case of need to appraise legal and political situations. This situation is manifest in the classic international law where legitimacy has always been considered as a property of the internal order of the states. But this apparent neutrality of the international law with regard to every model of legitimacy, is basically explained both by the appropriateness between legitimacy and legality, and the pre-eminence of the principle of effectiviness. Moreover, the changes which took place in the international society - materialized by the action of the newly independent states will break up this block of validity, by dissociating legitimacy and legality, and will thus call for a new legitimacy.
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Submitted on : Tuesday, April 24, 2018 - 4:10:08 PM
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  • HAL Id : tel-01777066, version 1



Abdennaceur Kholti. Recherches sur la notion de légitimité en droit international. Droit. Université Nancy 2, 1991. Français. ⟨NNT : 1991NAN20013⟩. ⟨tel-01777066⟩



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