describe the
bindingness of certain decisions across jurisdictions.
In order to mitigate the charge of circularity or question-begging, the
bindingness of the moral law needs to be accepted as both legitimate and incapable of an independent, nonmoral justification.
That would clarify that the agency's choice to trigger external enforcement would follow from its choice of policymaking form, but would not create the threat of external enforcement as a condition of internal
bindingness. Finally, courts should not treat guidance that aims to structure agency discretion as necessarily triggering review under APA section 5.
Nor would States likely find acceptable a disarmament arrangement that is based on toasts, press releases, or mere political commitments that could change at a moment's notice, hence the standard of legal
bindingness. The universality of treaties is not always achieved in one step.
Such adaptations are, however, more of a symbolic nature and therefore rather unlikely to restrict the enforceability and legal
bindingness of EU legislation across the EEA.
Summers, eds., 1997) ("There is no formal
bindingness of previous judicial decisions in France.
Finally, reliable behavioral success requires low malignancy, high determinacy and
bindingness of regime rules, and strong systems for fisher-report verification.
Katja Weber offers her version of a continuum of "
bindingness" in cooperative security arrangements: the more binding an arrangement is, the higher its level of hierarchy.
Traditionally, positivism's focus on
bindingness had meant that "law" was to be strictly equated with the law in force within a given jurisdiction.
The institution of punishment gives genuine
bindingness to the rule of law by providing significant incentives not to violate legal rules.
* An allocation in accordance with the OOCS-value does not depend on the
bindingness of the agreement as it is a strong equilibrium and hence a CPNE.
Including nonbinding rulings inevitably leads to a fundamental question about tribunals and international law: if there are both binding and nonbinding rulings, and if binding rulings lack coercive enforcement, what does "
bindingness" mean?
