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Vol 23 No 5 May/June 2018

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The Paradox of Consensualism in International Law

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ISBN13: 9789041105165
ISBN: 9041105166
Published: March 1998
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £170.00

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This volume has as its principal concern certain orthodoxies of ""source thinking"" in international law and is aimed at working out the implications of these. It seeks to show how certain theoretical conceptions have shaped the law in action, for good or ill. It should appeal to political theorists, diplomats, global decision-makers and international lawyers who are interested in the question, ""What can we do with the international law that we have?"" as distinct from the question, ""What should we do with international law?"".

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Public International Law
Part 1 Custom: the subjective element in customary international law; role of individual consent - the different theories; the role of individual consent in the world court; the role of individual consent in other tribunals; the role of individual consent in the practice of states; the scope of customary international law; new states and pre-existing customary international law; juristic opinion on the role of consent.
Part 2 Other sources: the international ""lex scripta"" - a more attractive option?; the paradox of consensualism in international law; the non-consensual sources of international law.
Part 3 A unified legal order?: the expanding international legal order; the basis of obligation in international law; postscript - values, positive law and world order.