State Consent Under International Law: [Essay Example], 811 words GradesFixer
close
This essay has been submitted by a student. This is not an example of the work written by professional essay writers.

State Consent Under International Law

downloadDownload printPrint

Pssst… we can write an original essay just for you.

Any subject. Any type of essay.

We’ll even meet a 3-hour deadline.

Get your price

121 writers online

blank-ico
Download PDF

This essay would be examining state consent under international law. Furthermore, it would also be examining how international law is grounded on the actual consent of state in the establishment of obligations, talking about the basic issues of consent under international law. Lastly, the essay would also examine certain aspects which could cancel the assertion that without consent international law cannot bind a state.

Consent in its regular definition can be defined as when a party agrees to a certain situation and supports it. Consent however appears not be a new concept in international law and the principle has appeared to have developed over the years under international law. This draws us to the concept state consent. State consent, is said to be the foundation which international law is built on[1], according to (Lister, 2011) “one of the major features of international law, so far as it has been traditionally being recognised, is its consensual nature. On a large scale, international law, unlike domestic law needs the consent of those states which they govern”[2]. State consent it is defined or seen as the method by which states identify and accept the rules which they deem binding upon themselves and other states[3]. Although the process of consent has its flaws in international law, it is much needed as it plays an important role in international law. The process of consent was established under the doctrine of state sovereignty.

This was clearly examined in the case of SS Lotus (France v Turkey) where it was stated that rules which are binds a state emanate from their own free will as expressed under conventions, it was further stated that the restriction of a state’s independence cannot be presumed[4]. In other words, a state has the right to accept or not rules which would govern their relationship with each other as any rule which is made without the consent of the state is a violation of state sovereignty. Under international law, treaties are seen as its primary sources, this is seen under article 38(1)(a) of the statute of the international Court of Justice which provides that the courts in accordance with international law should apply international conventions, whether general or particular establishing rules recognised expressly by states[5]. In other words, treaties create a binding obligation on states, nevertheless, the state must still give consent in order to be bound by the treaty.

The term treaty is examined under the Vienna Convention on Law of Treaties (1969) which it defines a treaty in article 2(2) as an international agreement or acceptance concluded between states in written form and governed by international law[6]. Furthermore, the words “agreement or acceptance” under the Vienna Convention on law of Treaties (VCLT) in its definition of a treaty shows that a treaty can fully function only if the state has consented to it. According to (Shearer, 1995) newly made treaties under international law creates obligations binding under state parties[7], however, only the states that have consented to such treaty can be bound by the rules which have been made under that treaty[8]. It can be said that where there is lack of consent a state may not be bound by a treat, this is seen under Article 47 of the Vienna Convention on Law of Treaties (1969) it was provided that If the authority of a representative to express the consent of a State to be bound by a certain treaty has been made subject to a specific restriction the states failure to observe such treaty would not be ruled as invalid[9], certain situations could be where a state has been induced to comply with a treaty which was induced fraudulently by another negotiating state[10], where the state has been procured to accept a treaty with use of force or by threat[11] and also a state may invoke an error in a treaty as invalidating its consent to be bound by a treaty[12]. Furthermore, where a state has agreed to be bound by a treaty but the are against certain provisions under that treaty, it would not be bound by such provision, the exemption to such provisions was established under article 2(d) of the Vienna Convention on Law of Treaties (1969) which is known as a reservation meaning a unilateral statement made by a state which excludes or modifies the legal effect of certain provisions in the treaty in their application to that state[13]

However, the reservation becomes invalid if it is not related to the purpose of the treaty. Furthermore, consent is also needed by the [1] [2] Matthew Lister, The Legitimating Role of Consent in International Law [3] Bodansky & S. Watson, State Consent and the Sources of International Obligation, Proceedings of the Annual Meeting (American Society of International Law) [4] [5] [6] [7] [8] Ademola Abass, Complete International Law: Text, Cases, and Materials [9] [10] [11] [12] [13]

infoRemember: This is just a sample from a fellow student.

Your time is important. Let us write you an essay from scratch

100% plagiarism-free

Sources and citations are provided

Find Free Essays

We provide you with original essay samples, perfect formatting and styling

Cite this Essay

To export a reference to this article please select a referencing style below:

State Consent Under International Law. (2018, May 24). GradesFixer. Retrieved March 6, 2021, from https://gradesfixer.com/free-essay-examples/state-consent-under-international-law/
“State Consent Under International Law.” GradesFixer, 24 May 2018, gradesfixer.com/free-essay-examples/state-consent-under-international-law/
State Consent Under International Law. [online]. Available at: <https://gradesfixer.com/free-essay-examples/state-consent-under-international-law/> [Accessed 6 Mar. 2021].
State Consent Under International Law [Internet]. GradesFixer. 2018 May 24 [cited 2021 Mar 6]. Available from: https://gradesfixer.com/free-essay-examples/state-consent-under-international-law/
copy to clipboard
close

Sorry, copying is not allowed on our website. If you’d like this or any other sample, we’ll happily email it to you.

    By clicking “Send”, you agree to our Terms of service and Privacy statement. We will occasionally send you account related emails.

    close

    Attention! this essay is not unique. You can get 100% plagiarism FREE essay in 30sec

    Recieve 100% plagiarism-Free paper just for 4.99$ on email
    get unique paper
    *Public papers are open and may contain not unique content
    download public sample
    close

    Sorry, we cannot unicalize this essay. You can order Unique paper and our professionals Rewrite it for you

    close

    Thanks!

    Your essay sample has been sent.

    Want us to write one just for you? We can custom edit this essay into an original, 100% plagiarism free essay.

    thanks-icon Order now
    boy

    Hi there!

    Are you interested in getting a customized paper?

    Check it out!
    Having trouble finding the perfect essay? We’ve got you covered. Hire a writer

    GradesFixer.com uses cookies. By continuing we’ll assume you board with our cookie policy.

    exit-popup-close

    Haven't found the right essay?

    Get an expert to write you the one you need!

    exit-popup-print

    Professional writers and researchers

    exit-popup-quotes

    Sources and citation are provided

    exit-popup-clock

    3 hour delivery

    exit-popup-persone