Book contents
- Consenting to International Law
- ASIL Studies in International Legal Theory
- Consenting to International Law
- Copyright page
- Contents
- Contributors
- Preface
- Consenting to International Law
- Part I Notions and Roles of Consent
- Part II Objects and Types of Consent
- Part III Subjects and Institutions of Consent
- 11 The Consent of International Organizations in the Making of General and Conventional Rules of International Law
- 12 Consent and Informal Law-Making
- 13 Consent as a Guarantee of the Democratic Legitimacy of International Law
- 14 From Equal State Consent to Equal Public Participation in International Organizations
- 15 Autonomy in International Law
- Index
11 - The Consent of International Organizations in the Making of General and Conventional Rules of International Law
from Part III - Subjects and Institutions of Consent
Published online by Cambridge University Press: 23 November 2023
- Consenting to International Law
- ASIL Studies in International Legal Theory
- Consenting to International Law
- Copyright page
- Contents
- Contributors
- Preface
- Consenting to International Law
- Part I Notions and Roles of Consent
- Part II Objects and Types of Consent
- Part III Subjects and Institutions of Consent
- 11 The Consent of International Organizations in the Making of General and Conventional Rules of International Law
- 12 Consent and Informal Law-Making
- 13 Consent as a Guarantee of the Democratic Legitimacy of International Law
- 14 From Equal State Consent to Equal Public Participation in International Organizations
- 15 Autonomy in International Law
- Index
Summary
The author attempts to answer the following question: in an international legal system of which States are no longer the only subjects, what is the role that the consent of IOs plays in the creation of rights and obligations that apply on the international plane? The chapter reflects on the legal agency that IOs enjoy, qua subjects of international law, in the process of formation of general international law and in the acquisition of treaty rights and obligations. In so doing, it advances two claims. The first is that even though IO practice can and should be taken into account in the identification of customary rules, it is not a necessary element in the process of formation of those rules. The second claim of the chapter is that, under current law, IOs can only be bound by treaty rules to which they have consented, which may give rise to problematic gaps between the treaty obligations of IOs and the treaty obligations of their members. In pursuing those claims, the chapter offers some reflections on the systemic and normative implications of the formal involvement of IOs in the making of rules of general and conventional international law.
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- Consenting to International Law , pp. 251 - 273Publisher: Cambridge University PressPrint publication year: 2023