Consent of States in Public International Law

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[...] They must therefore articulate to regulate the international order with coherence. Thus, in what measures is the consent of States a pivotal element of custom and international treaties, two equivalent sources of public international law? The consent of States is a necessary element in the formation processes of international treaties and custom two different sources of public international law, which articulate together to regulate inter-state relations in a coherent manner (II). The necessary consent of States in the formation of conventional and customary rules: The consent of States is an essential element in the formation of international rules, particularly for creating the norm but also for allowing the modulation of rules that are opposable to them The consent of States for creating international norm: The creation of treaties: the consent of States is necessary to conclude an international treaty ? [...]

[...] Article 2 of the Vienna Convention: defines reservations: unilateral act issued by a State at the time of expression of its consent, which aims to exclude or modify the legal effect of treaty provisions. They are governed by Article 19 of the Vienna Convention, the principle is that any State may make reservations, as long as it is not contrary to the object or purpose of the treaty (ICJ, Advisory Opinion of 1951). It then falls to each State to accept or object to the reservations ? deconstruction of the multilateral treaty in bilateral relations: demonstration of the importance of consent, the will of States for the management of inter-state relations. [...]

[...] In what measures is the consent of States a pivotal element of customary law and international treaties, two equivalent sources of public international law? Public International Law: Subject: "The relationship between treaties and customary law » The International Court of Justice in the judgment North Sea Continental Shelf, in 1969, it asserts that a customary norm can originate from an international treaty. This principle demonstrates the interdependence of international treaties and customary law, two different sources of public international law. On the one hand, an international treaty, defined in Article 2 of the Vienna Convention, is an agreement concluded in writing between two or more States or international organizations, governed by the rules of international law. [...]

[...] This articulation takes the form of the equivalence of custom and treaties in international law and is referred back to internal law for management within different States The equivalence and interdependence of rules in international law: ICJ, North Sea continental shelf, 1969: a custom can come from a conventional rule. Article 38 of the Vienna Convention: it is possible that a conventional provision is made obligatory for all States (including those that are not parties to the Convention) through international custom. Article 38 of the ICJ Statute speaks of international treaties and international custom, without hierarchy. [...]

[...] However, by the Jacques Vabres and Niccolo judgments, the courts have admitted the conventionality control, with a supra-legislative value of international treaties. ? While in international law there is no precedence or hierarchy, in domestic law, we have different advanced principles according to the norms, different articulation in international law and domestic law. [...]