TY - JOUR
T1 - COMMENT on NICO KRISCH, "tHE DECAY of CONSENT:INTERNATIONAL LAW INAN AGE of GLOBAL PUBLIC GOODS
AU - Benvenisti, Eyal
AU - Downs, George W.
N1 - Publisher Copyright:
Copyright © American Society of International Law 2014.
PY - 2014
Y1 - 2014
N2 - In his recent article, Nico Krisch joins an increasing number of scholars who worry about the “turn toward nonconsensual structures” in international lawmaking. Although the article is primarily descriptive and does not set out to offer either a rigorous explanation or a normative assessment of this trend, Krisch does suggest that the trend “reflects the fact that the need for greater cooperation [at the global level] . . . is not always, or not even typically, satisfied by international law.” It also gives voice to the concern that the move to informal institutions “point[s] in the direction of more hierarchical forms of governance” that increasingly cater to a small number of powerful states, rather than to the traditional, broad, consent-based order.
AB - In his recent article, Nico Krisch joins an increasing number of scholars who worry about the “turn toward nonconsensual structures” in international lawmaking. Although the article is primarily descriptive and does not set out to offer either a rigorous explanation or a normative assessment of this trend, Krisch does suggest that the trend “reflects the fact that the need for greater cooperation [at the global level] . . . is not always, or not even typically, satisfied by international law.” It also gives voice to the concern that the move to informal institutions “point[s] in the direction of more hierarchical forms of governance” that increasingly cater to a small number of powerful states, rather than to the traditional, broad, consent-based order.
UR - http://www.scopus.com/inward/record.url?scp=85091449977&partnerID=8YFLogxK
U2 - 10.1017/S2398772300001744
DO - 10.1017/S2398772300001744
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AN - SCOPUS:85091449977
SN - 2398-7723
VL - 108
SP - 1
EP - 3
JO - AJIL Unbound
JF - AJIL Unbound
ER -