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1 results

  • 4 - International Organizations and the Disaggregation of Consent

  • from Part I - Notions and Roles of Consent
  • Edited by Samantha Besson, Collège de France, Paris
  • Book:
    Consenting to International Law
    Published online:
    23 November 2023
    Print publication:
    07 December 2023, pp 100-116

  • Summary

    The author examines how ‘consent’, traditionally taken as a foundational element in international law, fares in the context of international organizations (hereafter IOs). The central argument is that IOs, both as actors consenting to international law and as institutional spaces for other actors doing so, have changed the operation or even the nature of consent in international law as they have made the components of the act of consent disaggregate. The author argues that the IO’s expression of consent has become detached from the psychological or ‘intentional’ state that is presumed to be underlying in the legal subject. Where the organization appears as an institutional space for the consent of others, the object of consent in many instances is detached especially in substance from the normative effect created for the consent-giver.