Question: 'Consent is the only true basis of international law'. Discuss
Answer: Consent is clearly a crucial element with regards to the basis of international law. Putney emphasises that, “the basis for authority of international law is the same as the basis for early laws of every character, namely, the general consent of those to be bound thereby.” Consent is clearly necessary as a basis for international law as, “There is no common superior among nations to promulgate principles of international law.” This issue is expanded upon by Evans, “the traditional consent based regime lacks a legislature to override the will of dissenting states.” The dispute arises however as to whether consent it the ‘only’ basis. It can be argued that factors such as sovereignty, consensus and jus cogens are also basis of international law. It is also arguable that co......(short extract)
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Details: - Mark: 69% | Course: International Law | Year: 2nd/3rd | Words: 1998 | References: Yes | Date written: January, 2011 | Date submitted: April 22, 2012 | Coursework ID: 733
