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5 - Consenting to International Law in Five Moves

from Part I - Notions and Roles of Consent

Published online by Cambridge University Press:  23 November 2023

Samantha Besson
Affiliation:
Collège de France, Paris
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Summary

The author seeks to unpack five of the main discursive moves witnessed in the literature and case law pertaining to the question of consent to international law. He argues that these five specific discursive moves are performed by almost anyone engaging with the question of consent to international law, be such engagement on the more orthodox side or on the more critical side of the argumentative spectrum. The author claims that these five discursive moves correspond to the reproduction of a very modernist understanding of authority, the constitution of the very subject that is consenting, the anonymization of the author of consent, the reversal of the temporality of the legal discourse on consent and the adoption of very binary patterns of thought. This chapter shows that discursive moves made by international lawyers around the idea of consent bears heavily upon the type of political legitimacy, the type of geography, the type of responsibility, the type of temporality, and the type of hermeneutics that international law is serving.

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Publisher: Cambridge University Press
Print publication year: 2023

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