Vassilis Pergantis, The Paradigm of State Consent in the Law of Treaties: Challenges and Perspectives
| DOI | 10.3366/elr.2019.0593 |
| Author | |
| Published date | 01 September 2019 |
| Date | 01 September 2019 |
| Pages | 464-466 |
Since its codification almost fifty years ago, the law of treaties has laboured under the constant tension between the egoism of states and the increasing communitarian nature of contemporary multilateral treaties. Treaties that are crafted to protect human rights, preserve the environment or restrict state actions, such as in the use of chemical weapons, are indicative of this growing communitarian nature where collective action is necessary to achieve the overarching aim of the treaty. Debates about state consent and the extent to which a state has exercised its sovereign right to be bound under international law are the manifestations of this tension. The tension is borne of the allegiance of many scholars, and indeed states, to traditional characterisations of consent in international law and questions about the capacity of the 1969 Vienna Convention on the Law of Treaties (Vienna Convention) to guide modern international legal relations. To maintain the traditional model in the context of contemporary, communitarian oriented treaties, challenges to consent are often framed as
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