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Making sense of solidarity in international law : input from the integration of the European gas market
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1973-2937
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European journal of legal studies, 2019, Vol. 11, No. 2, pp. 105-141
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BADANOVA, Ielyzaveta, Making sense of solidarity in international law : input from the integration of the European gas market, European journal of legal studies, 2019, Vol. 11, No. 2, pp. 105-141 - https://hdl.handle.net/1814/63310
Abstract
Solidarity is cited in the international law doctrine but often denied a self-standing legal meaning and normative force in international relations. Its mainstream understanding in the international law doctrine is often limited to a socio-political notion, which in my view neglects the evidence that one can gather from the practice of international law regimes. This happens to be particularly true for the international law of Ukraine-EU gas market integration, which operates the term quite widely. The present article seeks to repair the said omission by explaining how solidarity is pinpointed in this international law framework. This analysis allows picturing solidarity in three different legally relevant dimensions (constitutional principle, general legal maxim and the duty of cross-border assistance). The latter two dimensions present solidarity in terms of specific rights and obligations, which can be helpful in cementing solidarity as a legal notion in international law.
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Published online: 29 May 2019