Abstract
Published in the American Journal of International Law in 1983, “Towards Relative Normativity in International Law?” remains a reference point for scholars writing about sources of international law, international organizations, positivism, formalism, pluralism, authority, the international community, values, power relations, and even disillusionment — to list just some of the subjects on which it has been cited in 2019 alone. Described as the sounding of an alarm or a warning of the apocalypse, this article by the esteemed French international lawyer Prosper Weil (1926-2018) sets out what he saw as the potential dangers of relativizing normativity. “Towards Relative Normativity?” is a classic, to be sure — it is the second most cited article in AJIL’s history. Does it also speak to international law today? This AJIL Unbound symposium brings together six authors from three continents to reflect on the contemporary significance of Weil’s famous article. This introduction to the symposium previews four of the topics winding through the essays: relative normativity, positivism, power and values, and whistle-blowing and unmasking.
Highlights
TO THE SYMPOSIUM ON PROSPER WEIL, “TOWARDS RELATIVE NORMATIVITY IN INTERNATIONAL LAW?” Karen Knop*Published in the American Journal of International Law in 1983, “Towards Relative Normativity in International Law?”1 remains a reference point for scholars writing about sources of international law, international organizations, positivism, formalism, pluralism, authority, the international community, values, power relations, and even disillusionment—to list just some of the subjects on which it has been cited in 2019 alone.[2]
Does it speak to international law today? Or is the secret of its allure that “Weil’s piece vindicating spotless normativity appears almost like a unicorn offering an improbable remedy against the poisonous power of politics,” as Mónica García-Salmones Rovira puts it?7 In honour of the first anniversary of Weil’s death,[8] this symposium brings together six authors from three continents to reflect on the contemporary significance of his famous article
Weil’s attack on relative normativity was based on his view that voluntarism, neutrality, and positivism were essential for international law to fulfill its functions
Summary
Published in the American Journal of International Law in 1983, “Towards Relative Normativity in International Law?”1 remains a reference point for scholars writing about sources of international law, international organizations, positivism, formalism, pluralism, authority, the international community, values, power relations, and even disillusionment—to list just some of the subjects on which it has been cited in 2019 alone.[2]. Is the secret of its allure that “Weil’s piece vindicating spotless normativity appears almost like a unicorn offering an improbable remedy against the poisonous power of politics,” as Mónica García-Salmones Rovira puts it?7 In honour of the first anniversary of Weil’s death,[8] this symposium brings together six authors from three continents to reflect on the contemporary significance of his famous article. This introduction previews four of the topics winding through the essays: relative normativity, positivism, power and values, and whistleblowing and unmasking. 25, 112 AJIL UNBOUND 64 (2018). 7 Mónica García-Salmones Rovira, What Is Positivism Today?, 114 AJIL UNBOUND 87, 87–8 (2020). 8 See Alain Pellet, Décès de Prosper Weil, SOCIÉTÉ FRANÇAISE POUR LE DROIT INTERNATIONAL (Oct. 14, 2018)
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