July 1, 2025

Power and Consent in Customary International Law: Analysing the Imbalance and Legitimacy Challenges in the Formation of Global Norms

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Customary international law often reflects power dynamics, undermining the legitimacy of global norms.
The doctrine of persistent objector indicates that states may avoid obligations by consistently rejecting rules.
Critical analysis reveals that state consent is more complex than previously thought, challenged by political interests.
Erosion of state sovereignty occurs when legal obligations are imposed without consent, impacting international law's credibility.

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Analysis reveals that customary international law reflects the interests of powerful states, highlighting legitimacy challenges in state consent.

Sosefo Sepasitiano Patelisio (2025) studied this question.

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Analysis reveals that customary international law reflects the interests of powerful states, highlighting legitimacy challenges in state consent.