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May 1, 2014European Journal of International Law26 citations

Some Ways that Theories on Customary International Law Fail: A Reply to Laszlo Blutman

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AGAndrew T. GuzmánJHJieh Hsiang

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Abstract

This brief comment seeks to clarify a foundational concept inherent in any discussion of customary international law (CIL): consent. Any serious attempt to construct a coherent theory of CIL must resolve the fundamental tension between non-consensual rulemaking and international law’s formal commitment to the principle of consent. As a matter of observation, states rarely accept non-consensual laws or external norms as binding. Yet it is also undeniable that CIL serves and persists as a fundamental building block of international law. Therefore, in order to coherently theorize CIL, we must – at the very least – provide a plausible explanation for why rationally self-interested states would take CIL and other non-consensual laws seriously.

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Cite This Study

Guzmán et al. (2014) studied this question.

synapsesocial.com/papers/6a8be3b00269824ff833780chttps://doi.org/10.1093/ejil/chu036
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