d'Aspremont: Consenting to International Law in Five Moves

Jean d'Aspremont (Univ. of Manchester - School of Law; Sciences Po Law School) has posted Consenting to International Law in Five Moves (in Consenting to International Law, Samantha Besson ed., forthcoming). Here's the abstract:

This chapter seeks to unpack 5 of the main discursive moves witnessed in the literature and case-law pertaining to the question of consent to international law. This chapter argues that these 5 specific discursive moves are performed by almost anyone engaging with the question of consent to international law, be such engagement on the more orthodox side or the more critical side of the argumentative spectrum. These five discursive moves correspond to the reproduction of a very modernist understanding of authority, the constitution of the very subject that is consenting, the anonymization of the author of consent, the reversal of the temporality of the legal discourse on consent and the adoption of very binary patterns of thought. This chapter shows that discursive moves made by international lawyers around the idea of consent bears heavily upon the type of political legitimacy, the type of geography, the type of responsibility, the type of temporality, and the type of hermeneutics, that international law is serving.