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Consenting to International Law Samantha Besson (College de France, Paris)

Consenting to International Law By Samantha Besson (College de France, Paris)

Consenting to International Law by Samantha Besson (College de France, Paris)


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Summary

Consenting to International Law provides a fresh comprehensive, contemporary, and interdisciplinary treatment of a classical topic in international law. Its various essays also shed light on the vexed topics of international law's normativity, authority and legitimacy.

Consenting to International Law Summary

Consenting to International Law by Samantha Besson (College de France, Paris)

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.

About Samantha Besson (College de France, Paris)

Samantha Besson holds the Chair Droit international des institutions at the College de France and is Professor of Public International Law and European Law at the University of Fribourg (Switzerland). She is an Associate Member of the Institute of International Law and co-Chair of the ILA Study Group on the International Law of Regional Organizations.

Table of 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 Brolmann; 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 Brunnee; 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 Jose Luis Marti; 15. Autonomy in international law: about the legal and societal limits to the exercise of consent Yannick Radi; Index.

Additional information

NPB9781009406451
9781009406451
1009406450
Consenting to International Law by Samantha Besson (College de France, Paris)
New
Hardback
Cambridge University Press
2023-12-07
407
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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