On the surface, however, it looks as if Kant has simply taken the bindingness
of the moral law as a brute, indemonstrable given, even if he insists that the Factum is given as neither an intellectual intuition nor an empirical matter of fact.
85) But the assessment of internal administrative law's bindingness
should not be made at the upper echelon of the executive branch.
It operates from a detached perspective that describes how the bindingness
of judicial determinations is generally understood to arise within our legal system through the law of remedies, the law of judgments, and the law of precedent.
The reason for including other formally binding instruments is that their bindingness
presumably generates a notice duty in the same way as the statutory text itself does.
For a proposal to accord different degrees of bindingness
to WTO norms depending on their welfare-enhancing effects, see Joel P.
Namely, Hong Kong's reservations included: (1) the panel's development of a concept of "overall WTO conformity" that seemed to be at odds with Article XVI:4 of the Marrakesh Agreement, in that it might imply that "as long as all aspects of a regulatory framework taken together were WTO-consistent in the so-called 'overall' terms, one could turn a blind eye to possible inconsistency in specific aspects"; (2) that the panel "had not been more clear in justifying the weight it had accorded to the Statement by Administrative Action and the US statements before the Panel"; and (3) the panel's legal analysis of the bindingness
under WTO and international law of the statements made by the United States before the panel regarding its administration of the challenged sections of the U.
We] still need to receive these documents in order to know precisely the content and also the legal bindingness
of these announcements," she said during a press conference.
This ruling may clarify the types and categories of conditions attached to Wa`d that lead to the bindingness
of Wa`d, especially in the financial instruments that involve promise to enter into contract that is attached to a particular date/time in the future.
In observing that the Guidelines retained some degree of legal "force as the framework for sentencing," the Court emphasized many of the key characteristics of bindingness
According to this line of interpretation, that underlies the analysis of this paper, there are relevant characteristics of WTO dispute settlement decisions: (i) legality, (ii) bindingness
and (iii) undeterminity (open character of the commands of the decisions, which are undetermined but determinable) (JACKSON, 2004).
As Kelsen (54) sees it, validity amounts to bindingness
, where bindingness
is different from, but not independent of, social efficacy.
Schools and educational systems are unable to "awaken and keep awake the binding power of spirit and the bindingness
of the essential, and thus no longer able to force us into reflection" (11).