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International Legal Consensus and the Control of Excess State Violence

International Legal Consensus and the Control of Excess State Violence Global Governance 11 (2005), 311–330 International Legal Consensus and the Control of Excess State Violence Bruce Cronin The dramatic increase in the level of global governance through multi- lateral institutions is leading to changes in the theoretical underpin- nings of international law and its role in contemporary world politics. In specific, well-defined areas of international law, states have begun to recognize the authority of international consensus over individual state consent as the foundation of legal obligation. Specifically, states have begun to develop a consensus around the control of “excess state violence,” defined as a level of violence exceeding that which inter- national political actors consider to be legitimate for pursuing national interests. This includes crimes against humanity, genocide, and grave breaches of the laws of war. In a major shift from twentieth-century practice, states are increasingly recognizing this body of international law as having universal applicability considered binding on all states EYWORDS: regardless of whether they are parties to specific treaties. K international law, Security Council, international organization, state violence, international consensus. he prevailing theory of international law views voluntary state consent as the primary if not the sole foundation for international Tlegal obligation. Political realists, liberal internationalists, neolib- http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Global Governance: A Review of Multilateralism and International Organizations Brill

International Legal Consensus and the Control of Excess State Violence

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1075-2846
eISSN
1942-6720
DOI
10.1163/19426720-01103004
Publisher site
See Article on Publisher Site

Abstract

Global Governance 11 (2005), 311–330 International Legal Consensus and the Control of Excess State Violence Bruce Cronin The dramatic increase in the level of global governance through multi- lateral institutions is leading to changes in the theoretical underpin- nings of international law and its role in contemporary world politics. In specific, well-defined areas of international law, states have begun to recognize the authority of international consensus over individual state consent as the foundation of legal obligation. Specifically, states have begun to develop a consensus around the control of “excess state violence,” defined as a level of violence exceeding that which inter- national political actors consider to be legitimate for pursuing national interests. This includes crimes against humanity, genocide, and grave breaches of the laws of war. In a major shift from twentieth-century practice, states are increasingly recognizing this body of international law as having universal applicability considered binding on all states EYWORDS: regardless of whether they are parties to specific treaties. K international law, Security Council, international organization, state violence, international consensus. he prevailing theory of international law views voluntary state consent as the primary if not the sole foundation for international Tlegal obligation. Political realists, liberal internationalists, neolib-

Journal

Global Governance: A Review of Multilateralism and International OrganizationsBrill

Published: Aug 3, 2005

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