Full Description
The obligations stemming from international law are still predominantly considered, despite important normative and descriptive critiques, as being 'based' on (State) consent. To that extent, international law differs from domestic law where consent to the law has long been considered irrelevant to law-making, whether as a criterion of validity or as a ground of legitimacy. In addition to a renewed historical and philosophical interest in (State) consent to international law, including from a democratic theory perspective, the issue has also recently regained in importance in practice. Various specialists of international law and the philosophy of international law have been invited to explore the different questions this raises in what is the first edited volume on consent to international law in English language. The collection addresses three groups of issues: the notions and roles of consent in contemporary international law; its objects and types; and its subjects and institutions.
Contents
Part I. Notions and Roles of Consent: 1. Consenting is not willing Alain Pellet; 2. State consent and the legitimacy of international law David Lefkowitz; 3. Controlling consent: insights from binding dispute settlement Christian Tams; 4. International organizations and the disaggregation of consent Catherine Brölmann; 5. Consenting to international law in five moves Jean d'Aspremont; Part II. Objects and Types of Consent: 6. Do international agreements have a consent problem? Duncan B. Hollis; 7. Consenting to treaty commitments: endorsing rules or endorsing a regime of discursive commitments? Fuad Zarbiyev; 8. State consent in the evolving climate regime: individual and collective aspects Jutta Brunnée; 9. Consent and sources: the European court of human rights and the international law commission Georg Nolte; 10. Variations around the notion of consent in investment arbitration Laurence Boisson de Chazournes; Part III. Subjects and Institutions of Consent: 11. The consent of international organizations in the making of general and conventional rules of international law Fernando Lusa Bordin; 12. Consent and informal law-making: the view from the court of justice of the European union Eva Kassoti; 13. Consent as a guarantee of the democratic legitimacy of international law Monique Chemillier-Gendreau; 14. From equal state consent to equal public participation in international organizations: institutionalizing multiple international representation Samantha Besson and José Luis Martí; 15. Autonomy in international law: about the legal and societal limits to the exercise of consent Yannick Radi; Index.
