The selected problem area is in the concept of state consent in international law, where the research topic will primarily focus on key issues in regards to the overall inefficiency of a complete consent of all parties in order to implement essential changes. The conventional approach in global law making is the acquisition of consensual agreement of all involved states, which means that a single disagreement can lead to failure of policy integration. However, it is important to note that there are more practical alternatives for the traditional approach, where the emphasis is put on soft laws. The world is becoming more globalized, and all nations are facing and will face more and more global threats and problems, such as pandemics, climate change, pollution, and cyber threats. The cooperative measures between nations are critical in order to ensure that these global challenges are met with an effective and quick-to-respond system of international lawmaking.
Therefore, the first question revolves around analyzing the contemporary system of international lawmaking and the role of state consent in the decisional process. The second point addresses the assessment of alternative measures for achieving a higher degree of cooperativeness and action-driven effectiveness in the implementation of international laws. The third question is focused on the investigation of the efficacy of soft laws as a more flexible and dynamic tool to integrate change in the global arena.
Annotated Bibliography
Besson, S. (2016). State consent and disagreement in international law-making. Leiden Journal of International Law, 29, 289-316. Web.
The article primarily focuses on the notion of consent being an invalid criterion in the international law making process. The author argues that the domestic democratic tools need to used in the given area.
Crootof, R. (2016). Change without consent: How customary international law modifies treaties. Yale Journal of International Law, 41, 237-283. Web.
The source addresses the approach of implementing policy and law modifications in the international arena without the acquisition of consent. The main emphasis is put on utilizing the measures of customary laws.
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Kassoti, E. (2016). Beyond state consent? International legal scholarship and the challenge of informal international law-making. Netherlands International Law Review, 63, 99-131. Web.
The author proposes a solution for rejecting state consent element of the international lawmaking without damaging the core architecture of the international legal system, which can be done by distinguishing various influence points.
Klabbers, J. (2021). International law. Cambridge University Press.
The textbook can be considered as a comprehensive source for understanding key intricacies of the rules, which govern the legal interaction between states and nations. It provides an invaluable insight into essential practice in the international lawmaking processes.
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Pergantis, V. (2017). The paradigm of state consent in the law of treaties: Challenges and perspectives. Edward Elgar Pub.
The book directly focuses on the research subject by addressing the critical challenges or problems in regards to state consent concept, and it also provides a vital list of potential contemporary alternatives to the system.
Petersen, N. (2016). The role of consent and uncertainty in the formation of customary international law. Reexaminging Customary International Law, Brian Lepard, ed., CUP, MPI Collective Goods Preprint, No. 2011/4, Web.
The document focuses on illuminating various issues in regards to customary international law, where a customary norm does not bind the states, if they were persistent at forming the particular norm.
Thirlway, H. (2019). The sources of international law. Oxford University Press.
The author addresses the fundamental aspects of the international lawmaking as well as primary means of creating the legal items by investigating the key sources of such policies.
Waluchow, W., & Sciaraffa, S. (2012). The legacy of Ronald Dworkin. Oxford University Press.
The book primarily focuses on various works of Ronald Dworkin, and it provides an invaluable insight into his views on state consent and progressive cosmopolitanism, which can be useful in the research.
What is the theory of consent? (2019). Web.
The given source is particularly useful for acquiring the general idea of the theory of state consent, and it also provides a wide range of view as well as criticisms of the concept.
Zhu, D. (2018). State consent. In D. Zhu, China and the international criminal court (pp. 49-77). Palgrave.
The article puts an emphasis on China’s perspective on the international lawmaking process as well as the recommendations in regards to managing power struggles in the global arena.
References
Besson, S. (2016). State consent and disagreement in international law-making. Leiden Journal of International Law, 29, 289-316. Web.
Crootof, R. (2016). Change without consent: How customary international law modifies treaties. Yale Journal of International Law, 41, 237-283. Web.
Kassoti, E. (2016). Beyond state consent? International legal scholarship and the challenge of informal international law-making. Netherlands International Law Review, 63, 99-131. Web.
Klabbers, J. (2021). International law. Cambridge University Press.
Pergantis, V. (2017). The paradigm of state consent in the law of treaties: Challenges and perspectives. Edward Elgar Pub.
Petersen, N. (2016). The role of consent and uncertainty in the formation of customary international law. Reexaminging Customary International Law, Brian Lepard, ed., CUP, MPI Collective Goods Preprint, No. 2011/4, Web.
Thirlway, H. (2019). The sources of international law. Oxford University Press.
Waluchow, W., & Sciaraffa, S. (2012). The legacy of Ronald Dworkin. Oxford University Press.
What is the theory of consent? (2019). Web.
Zhu, D. (2018). State consent. In D. Zhu, China and the international criminal court (pp. 49-77). Palgrave.