Solidarity between States in the Global Legal Space

Abstract

What does solidarity exactly mean in international law? There is no conclusive answer to this question, because solidarity can often wear more coats and operate both as a value and as a principle. To address these issues, this paper will first provide some historical and theoretical remarks on the idea of solidarity and its multiple meanings. Thereafter, it will focus on the solidarity both as a value, in its constitutional dimension, and as a principle, in its administrative dimension. It will then examine the ambiguous relationship between solidarity and sovereignty. Finally, the key role of solidarity in the global legal space will be outlined: if fraternite helped French legal scholars to build domestic administrative law to also be a machine that addresses collective interests, solidarity appears to be capable of strengthening the normative claims of many of the legal projects ideated to tame global governance.