Consenting to International Law

Samantha Besson holds the Chair Droit international des institutions at the Collège de France and is Professor of Public International Law and European Law at the University of Fribourg (Switzerland). She is an Associate Member of the Institute of International Law and co-Chair of the ILA Study Group on the International Law of Regional Organizations.

Part I. Notions and Roles of Consent: 1. Consenting is not willing Alain Pellet; 2. State consent and the legitimacy of international law David Lefkowitz; 3. Controlling consent: insights from binding dispute settlement Christian Tams; 4. International organizations and the disaggregation of consent Catherine Brölmann; 5. Consenting to international law in five moves Jean d'Aspremont; Part II. Objects and Types of Consent: 6. Do international agreements have a consent problem? Duncan B. Hollis; 7. Consenting to treaty commitments: endorsing rules or endorsing a regime of discursive commitments? Fuad Zarbiyev; 8. State consent in the evolving climate regime: individual and collective aspects Jutta Brunnée; 9. Consent and sources: the European court of human rights and the international law commission Georg Nolte; 10. Variations around the notion of consent in investment arbitration Laurence Boisson de Chazournes; Part III. Subjects and Institutions of Consent: 11. The consent of international organizations in the making of general and conventional rules of international law Fernando Lusa Bordin; 12. Consent and informal law-making: the view from the court of justice of the European union Eva Kassoti; 13. Consent as a guarantee of the democratic legitimacy of international law Monique Chemillier-Gendreau; 14. From equal state consent to equal public participation in international organizations: institutionalizing multiple international representation Samantha Besson and José Luis Martí; 15. Autonomy in international law: about the legal and societal limits to the exercise of consent Yannick Radi; Index.