Two errors: 1. Law's constitutive power is everywhere, even (or especially) where most would prefer to speak of "legal black holes". 2. Legality is always and necessarily a peripheral phenomenon, secondary to and derivative of the political or politico-economic.
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No worries! My wording may have been somewhat misleading. My point is that (international) legal structures are often distinguished by a certain degree of constraining power, even where "robust enforcement mechanisms" are not available. You can't do just anything you like
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without violating international law, which in fact is not, as the standard line goes, "infinitely malleable". It is this constraining power that we need to capture (and again, without exaggerating its importance) in order to explain law and its form.
End of conversation
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