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Max Planck Encyclopedia of Public International Law [MPEPIL]

Consent

Jutta Brunnée

Subject(s):
Sovereignty — State practice — Customary international law — Peremptory norms / ius cogens — Unilateral acts — Treaties, entry into force — Treaties, conclusion — Vienna Convention on the Law of Treaties — Treaties, interpretation — Treaties, reservations and declarations — Treaties, amendments and modification — Treaties, invalidity, termination, suspension, withdrawal — Practice and procedure of international organizations

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 In the dominant positivist understanding of international law ( Legal Positivism ), the consent of State[s] plays a pivotal role in generating legal obligation. As the Permanent Court of International Justice (PCIJ) put it in a much quoted passage in the ‘Lotus’ Case ([France v Turkey] PCIJ Rep Series A No 10, 18; Lotus, The ), because States are sovereign equals ( Sovereignty ; States, Sovereign Equality ), the rules that bind them ‘must emanate from their own free will’. If this proposition were taken to its full conclusion, States would have international...
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