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The Paradigm of State Consent in the Law of Treaties

Challenges and Perspectives

Vassilis Pergantis

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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Chapter 3: The limits of informality in the expression of consent to be bound

Challenges and Perspectives

Vassilis Pergantis

Extract

Chapter 3 focuses on the gradual ‘flexibilization’ of the expression of consent to be bound procedures in the framework of the law of treaties. Starting from an analysis of the codification work on Article 11 VCLT, the author then examines the innovative techniques for treaty-making employed especially in multilateral environmental agreements, and critically revisits the various theories proposed in order to accommodate this flexibilization within the paradigm of State consent, such as the theory of remote or tacit consent. The author concludes that international treaty law constantly oscillates between informal and formal solutions in an effort to establish an adaptable yet legally certain juridical regime. Keywords: consent to be bound; remote consent; opt-out clauses; tacit consent; COPs/MOPs

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