The Paradigm of State Consent in the Law of Treaties


The Paradigm of State Consent in the Law of Treaties

Challenges and Perspectives

9781786432223 Edward Elgar Publishing
Vassilis Pergantis, American College of Thessaloniki (ACT) and Aristotle University of Thessaloniki, Greece
Publication Date: 2017 ISBN: 978 1 78643 222 3 Extent: 384 pp
The paradigm of state consent in the law of treaties is increasingly under attack. Which narratives on the treaty concept legitimize or delegitimize the challenges to the consensualist paradigm? Which areas of the law of treaties are more concerned by these attacks? What are the ensuing risks? From consent to be bound to treaty succession, and from treaty denunciation to reservations, this book offers a tour de force on the paradigm of state consent, its challenges, and their politics.

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This insightful book offers a comprehensive account of the conceptual challenges facing state consent in the framework of treaty making. It highlights the relevant discursive patterns and pinpoints the increasing antagonism between treaty bodies and state parties over the ownership of treaty evolution, with the author warning of the repercussions of treaty institutionalization.

Showcasing the broad and encompassing nature of treaties, the author highlights the surrounding conflicts through chapters on the theory and concept of treaty and case studies on the flexibility of consent to be bound means, treaty withdrawal, the automatic succession doctrine and the law of reservations. The last part of the book explores how the invocation of the collective interest ideal, the institutionalization of treaties and the recurrence of formalism can endanger the legitimacy and effectiveness of treaty regimes.

This book offers an original perspective on the role of state consent in the law of treaties and will be of great interest to academics, researchers and practitioners of international law seeking further knowledge about this complex topic.

Critical Acclaim
‘The Paradigm of State Consent in the Law of Treaties contributes a useful perspective on how international lawyers can move forward in their understanding of these changes.’
– Kasey McCall-Smith, The Edinburgh Law Review

‘State consent remains an enigmatic concept. However, Dr Pergantis’ monograph offers an original take on this topic in the context of the law of treaties, and in doing so brings a new clarity. Notably, he highlights the politics of the ongoing battle of influence between states and treaty organs within treaty regimes. Tackling a vast amount of material, the book combines a solid theoretical analysis with illuminating jurisprudential applications, and thereby presents an impressive synthesis on the phenomenon of consent. This is a must-read for international lawyers, both academics and practitioners, and it also represents an important theoretical contribution to the sources doctrine.’
– Laurence Boisson de Chazournes, University of Geneva, Switzerland

‘This is a study of the law of treaties as it is molded by the forces of communitarianism and contractualism. It identifies patterns where the tension is most evident and examines vexed issues in the law of treaties such as succession and reservations. The legal analysis is rich, insightful and articulate. Dr Pergantis’ excellent study will help scholars and practitioners alike to better understand the practical and conceptual dimensions of the law of treaties and will stimulate further debate.’
– Nicholas Tsagourias, University of Sheffield, UK
Contents: Preface Introduction Part I Theoretical Framework and Definitional Inquiries on the Paradigm of State Consent in the Law of Treaties 1. Theoretical Background 2. Reconstructing the Treaty Concept Part II Case Studies on Challenges to the Paradigm of State Consent in the Law of Treaties 3. The Limits of Informality in the Expression of Consent to be Bound 4. State Consent in Treaty Withdrawal Cases 5. Succession to Public Order Treaties 6. State Consent and Reservations to Human Rights Treaties Index

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