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Books > Law > International law > Public international law > Treaties & other sources of international law
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The Persistent Objector Rule in International Law (Paperback)
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The Persistent Objector Rule in International Law (Paperback)
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The persistent objector rule is said to provide states with an
'escape hatch' from the otherwise universal binding force of
customary international law. It provides that if a state
persistently objects to a newly emerging norm of customary
international law during the formation of that norm, then the
objecting state is exempt from the norm once it crystallises into
law. The conceptual role of the rule may be interpreted as
straightforward: to preserve the fundamentalist positivist notion
that any norm of international law can only bind a state that has
consented to be bound by it. In reality, however, numerous
unanswered questions exist about the way that it works in practice.
Through focused analysis of state practice, this monograph provides
a detailed understanding of how the rule emerged and operates, how
it should be conceptualised, and what its implications are for the
binding nature of customary international law. It argues that the
persistent objector rule ultimately has an important role to play
in the mixture of consent and consensus that underpins
international law.
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