COMMENT on NICO KRISCH, "tHE DECAY of CONSENT:INTERNATIONAL LAW INAN AGE of GLOBAL PUBLIC GOODS

Eyal Benvenisti, George W. Downs

Research output: Contribution to journalArticlepeer-review

Abstract

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.

Original languageEnglish
Pages (from-to)1-3
Number of pages3
JournalAJIL Unbound
Volume108
DOIs
StatePublished - 2014

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