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Max Planck Encyclopedia of Public International Law [MPEPIL]

Consent

Jutta Brunnée

Content type:
Encyclopedia entries
Product:
Max Planck Encyclopedias of International Law [MPIL]

Module:
Max Planck Encyclopedia of Public International Law [MPEPIL]
Article last updated:
January 2022

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 24 May 2022

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

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 In the dominant positivist understanding of international law (Legal Positivism), the consent of States plays a pivotal role in generating legal obligation (State). As the Permanent Court of International Justice (PCIJ) put it in a much-quoted passage in the ‘Lotus’ Case ([France v Turkey] PCIJ 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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