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Full-Text Articles in Law
The Professional Professor, Kent D. Syverud
The Professional Professor, Kent D. Syverud
Vanderbilt Journal of Transnational Law
Welcome to the Vanderbilt Law School and to this happy occasion in which we reflect on the life and career of Jonathan Charney. I say this is a "happy" occasion deliberately. There have been two months and a lot of tears since Jonathan died, and I know for many people here including me the loss is still deeply felt in expected and unexpected ways. But we are celebrating today, and we should be happy as we reflect on the extraordinary career and accomplishments and life of Jonathan Charney.
A New Concept Of Consent And World Public Order, Stuart S. Malawer
A New Concept Of Consent And World Public Order, Stuart S. Malawer
Vanderbilt Journal of Transnational Law
There have been, however, many instances under traditional international legal theory when a state's consent has not been required. Professor Brierly, in a trenchant critique, has stated that consent as the basic concept of obligation under customary international law has involved no more than the use of a legal fiction. Moreover, the traditional notion of consent in treaty law has stated that any form of coercion on the state does not invalidate a treaty; freely given consent is not required. Furthermore consent by new states to existing rules of customary international law has been implied regardless of any actual consent. …