principle of consent

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The classical insistence on state consent as a prerequisite for valid and efficacious international obligations is essential for maintaining the coherence and effectiveness of the international legal system. The article argues that disregarding the importance of state consent leads to the generation of rules that are neither descriptive of state behaviour nor prescriptive in effect. The author contends that state consent is crucial for enabling communication, reciprocity, and the implementation of sanctions within the international legal framework. The growing disregard for state consent in modern theories of international law contributes to normative chaos and ineffective rules.

The traditional emphasis on state consent as a necessary condition for legitimate and effective international obligations is vital for preserving the consistency and functionality of the international legal system. Overlooking the significance of state consent results in the creation of rules that do not accurately reflect state behaviour or have a binding impact. State consent is fundamental for facilitating communication, mutual exchange, and the enforcement of sanctions within the international legal order. The increasing neglect of state consent in contemporary international law theories leads to a disarray of norms and ineffectual regulations.

Additional reading on the principle of consent:

THE DECAY OF CONSENT: INTERNATIONAL LAW IN AN AGE OF GLOBAL PUBLIC GOODS
Author(s): Nico Krisch
Source: The American Journal of International Law , Vol. 108, No. 1 (January 2014), pp. 1-
40
Published by: Cambridge University Press
Stable URL: https://www.jstor.org/stable/10.5305/amerjintelaw.108.1.0001

Goldsmith, Jack. “Sovereignty, International Relations Theory, and International Law.” Stanford Law Review, vol. 52, no. 4, 2000, pp. 959–86. JSTOR, https://doi.org/10.2307/1229436. Accessed 7 July 2024.
Bodansky, Daniel, and J. Shand Watson. “State Consent and the Sources of International Obligation.” Proceedings of the Annual Meeting (American Society of International Law), vol. 86, 1992, pp. 108–13. JSTOR, http://www.jstor.org/stable/25658621. Accessed 7 July 2024.