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Full-Text Articles in Law
Against Consent, Andrew T. Guzman
Against Consent, Andrew T. Guzman
Andrew T Guzman
This Article challenges the conventional view of consent in international law. It argues that our existing commitment to consent is excessive and that better outcomes would result from greater use of nonconsensual forms of international law. Though consent has an important role to play, we cannot address the world’s greatest problems unless we are prepared to overcome the problem it creates — the consent problem.
International law is built on the foundation of state consent. A state’s legal obligations are overwhelmingly — some would say exclusively — based on its consent to be bound. This focus on consent offers maximal …
Doctor Frankenstein's International Orgnizations, Andrew T. Guzman
Doctor Frankenstein's International Orgnizations, Andrew T. Guzman
Andrew T Guzman
In the classic novel, Frankenstein, Doctor Frankenstein creates a living creature in the hope of cheating death. The monster, as the creature is called, horrifies Doctor Frankenstein, turns against him, and kills several people, causing the doctor to regret his decision to make the monster in the first place.
When states establish an international organization (IO), they create an institution with a life of its own on the international stage. Though states can, collectively, control the IO, without unanimity among them the organization can often act on its own. The danger for a state, then, is that its creation, like …