vinculación obligatoria

Discussion in 'Legal Terminology' started by NuwaChimuchiq, Feb 11, 2013.

  1. NuwaChimuchiq Member

    I found a decision of a tribunal that mentions "el contenido de la declaración internacional no es de vinculación obligatoria, lo que no implica que no tenga ningún efecto jurídico", I am looking for the translation of "vinculación obligatoria", do you have any idea?

    Thank you so much indeed
  2. robjh22 Senior Member

    U.S.A. & English
    I sense that it means "the content of this declaration is not of a binding nature, but this not to say it has no legal effect."

    That sounds a little self-contradictory, so I may be wrong. I suppose a declaration could be non-binding but still have some legal effects: it might compel parties to submit to arbitration or to meet and bargain in good faith. I am guessing, really.
  3. RicardoElAbogado Senior Member

    SF Bay Area, California
    American English
    Another guess: Not binding precedent???
    Last edited by a moderator: Mar 17, 2016
  4. NuwaChimuchiq Member

    Thank you Ricardo! I think it's better "binding nature", because "binding precedent" is related to court decisions. The case of the example is about the "binding nature" of an international declaration that has the problem that you wrote, it's not legally binding but it has some legal effects... Regards.
    Last edited by a moderator: Mar 17, 2016

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