Consenting to international law / edited by Samantha Besson ; with the assistance of Louis Hill.

Format:

Book

Contributor:

Besson, Samantha, 1973- editor.

Hill, Louis, editor.

Series:

ASIL studies in international legal theory.

ASIL studies in international legal theory

Language:

English

Subjects (All):

Court of Justice of the European Union.

International law.

International and municipal law.

Consent (Law).

State, The.

Effectiveness and validity of law.

Legitimacy of governments.

Physical Description:

1 online resource (xii, 379 pages) : digital, PDF file(s).

Edition:

First edition.

Place of Publication:

Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2024.

Summary:

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:

Consenting is not willing / Alain Pellet

State consent and legitimacy of international law / David Lefkowitz

Controlling consent : insights from binding dispute settlement / Christian Tams

International organizations and the disaggregation of consent / Catherine Brölmann

Consenting to international law in five moves / Jean d'Aspremont

Do international agreements have a consent problem? / Duncan B. Hollis

Consenting to treaty commitments : endorsing rules or endorsing a regime of discursive commitments? / Fuad Zarbiyev

State consent in the evolving climate regime : individual and collective aspects / Jutta Brunnée

Consent sources : the European Court of Human Rights and the International Law Commission / Georg Nolte

Variations around the Notion of consent investment arbitration / Laurence Boisson de Chazournes

The consent of international organizations in the making of general and conventional rules of international law / Fernando Lusa Bordin

Consent and informal law-making : the view from the Court of Justice of the European Union / Eva Kassoti

Consent as a guarantee of the democratic legitimacy of international law / Monique Chemillier-Gendreau

From equal state consent to equal public participation in international organizations : institutionalizing multiple international representation / Samantha Besson and José Luis Martí

Autonomy in international law : about the legal and societal limits to the exercise of consent / Yannick Radi.

Notes:

Title from publisher's bibliographic system (viewed on 27 Nov 2023).

Includes bibliographical references and index.

Other Format:

Print version: Besson, Samantha Consenting to International Law

ISBN:

9781009406468

1009406469

9781009406444

1009406442

9781009406437

1009406434

OCLC:

1411308584