LAW

 Question 1

According to the principle of writing service of consent pertains to the assertion that the will of the State acts as a binding force of international law. The principle of consent is of paramount importance owing to the fact that it guarantees maximum protection for individual states. Similarly, by conforming to the tenets of the principle of consent, the states are able to preserve their power. In addition, by embracing the principle of consent, states are able to facilitate the creation as well as the amendment of international law. The principle of consent is embedded on the concept of state sovereignty. Furthermore, it is equally important to acknowledge the fact that States can also consent to enter into treaties or trade agreements with each other thus being bound to the treaty commitments as well as the virtue of that consent.

Question 2

The principle of consent serves as the grounding for international law considering the tenets of international law are formed on the basis of state consent. The insinuation of this is that international law cannot exist without consent. This can be attributed to the fact that consent plays an instrumental role when determining what rules are applicable to a particular state of affairs between states. Similarly, consent is helpful in establishing binding obligations among states. Therefore, it is apparent that consent plays an integral role in international law thus making the law desirable. As a matter of fact, the elimination of the principle of consent from international law will create ambiguity and confusion in determining the rules that bind a state or state affairs in general. By serving as grounding for international law, it is apparent that there is an inextricable correlation between the principle of consent and international law.

Question 3

Consent can be superseded under various conditions. One of these conditions is the case of jus cogens, which is an international principle that is recognized and upheld by the international community of states. In this regard, consent is superseded in the case of, jus cogens, because being bound by the principle of jus cogens makes it undesirable or irrelevant to abide by consent. The principle of jus cogens is derived from customary law and the implication of this is that the axioms of customary international law can create binding agreements and obligations even in the absence of consent. Jus cogens is premised on the assertion that certain rules are critically important for mankind to an extent that it does not require consent to establish binding obligations on states. For example, brutal acts such as genocide ought to be imposed on states even without their consent. Therefore, jus cogens is vital in protecting humanity

The other condition where consent can be superseded is the case of dispositive treaties or agreements between states. These treaties do not require consent in the sense that any party that uses the territory affected by the treaty becomes subject to the rules and obligations stipulated in the treaty. In essence, a dispositive treaty is binding on a state even without its consent. Common examples of dispositive treaties include agreements that establish navigation regimes on rivers and canals. The other condition where the principle of consent can be superseded is when a state is admitted or included to be part of an existing group of states or family of nations. In such a case, the ‘new state’ will be bound by the international law and commitments of the family of nations even without its consent. For example, when Kazakhstan was a member of the Soviet Union, it was bound by the Union’s body of international law even without its consent.