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The Paradox of Consensualism in International Law (Developments in International Law) by C.L. Lim; O.A. Elias is a book available to read on EtoBox.

What is The Paradox of Consensualism in International Law (Developments in International Law) about?

If international law is derived from the consent of States, who should be in a better position to say what has been consented to than the disputing States themselves? It seems that if the doctrine of consent is taken seriously, there would be no room for an'objective'legal answer to the question `What is law?'. Furthermore, States do not necessarily employ the same criteria for determining the applicable law when engaged in dispute. And the doctrine of sovereignty is of very limited utility, since not all of substantive international law can be explained in terms of the atomic concept of sovereignty. This leaves consent as the mediating concept between the substantive doctrine of international law on the one hand and the actual practice of States (and others whose practice and participation in the global legal order help shape the body of international laws) on the other. Nevertheless, this is not to say that there is nothing `higher'than the actual legal claims forwarded by international actors. International law is no mere superstition, since none argue that there is no (one) legal solution. In that sense, the unity of the international legal order is preserved. The problem is th

Author

C.L. Lim; O.A. Elias

Publisher

Brill | Nijhoff

Published

2024

Language

EN

ISBN

9789041105165

Subjects

Law