Book contents
- Consenting to International Law
- ASIL Studies in International Legal Theory
- Consenting to International Law
- Copyright page
- Contents
- Contributors
- Preface
- Consenting to International Law
- Part I Notions and Roles of Consent
- Part II Objects and Types of Consent
- 6 Do International Agreements Have a Consent Problem?
- 7 Consenting to Treaty Commitments
- 8 State Consent in the Evolving Climate Regime
- 9 Consent and Sources
- 10 Variations around the Notion of Consent in Investment Arbitration
- Part III Subjects and Institutions of Consent
- Index
7 - Consenting to Treaty Commitments
Endorsing Rules or Endorsing a Regime of Discursive Commitments?
from Part II - Objects and Types of Consent
Published online by Cambridge University Press: 23 November 2023
- Consenting to International Law
- ASIL Studies in International Legal Theory
- Consenting to International Law
- Copyright page
- Contents
- Contributors
- Preface
- Consenting to International Law
- Part I Notions and Roles of Consent
- Part II Objects and Types of Consent
- 6 Do International Agreements Have a Consent Problem?
- 7 Consenting to Treaty Commitments
- 8 State Consent in the Evolving Climate Regime
- 9 Consent and Sources
- 10 Variations around the Notion of Consent in Investment Arbitration
- Part III Subjects and Institutions of Consent
- Index
Summary
The author examines the place of consent in treaty interpretation at the time of the marginalization of the role of the intention of the parties. Whether the characterization of international law as a legal system grounded in State consent has ever been empirically true is, as he argues, open to discussion. For him, the law of treaties, however, is commonly seen as ‘a bastion of consensualism’. This sense of confidence has, however, never sat easily with treaty interpretation. The author claims that, despite the lip service sometimes paid to the fiction of the common intention of the parties, the official doctrine of treaty interpretation rests on the primacy of the terms of the treaty.
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- Consenting to International Law , pp. 163 - 179Publisher: Cambridge University PressPrint publication year: 2023