Accession, Agreement and Acceptance in International Law : Adversarialism and Consent after Bandung

Accession, Agreement and Acceptance in International Law: Adversarialism and Consent after Bandung

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Accession, Agreement and Acceptance in International Law : Adversarialism and Consent after Bandung

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Accession, Agreement and Acceptance in International Law: Adversarialism and Consent after Bandung

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Accession, Agreement and Acceptance in International Law : Adversarialism and Consent after Bandung

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This book shows that State accession to an international legal text is understood differently in different parts of the world, and moreover, that many conventions in the practice of international law are justifiable because of the assumption that accession is agreement. The dominant understanding of accession as agreement has its roots in European legal traditions, where the notion that a legal text can represent an ascertainable and static ‘meeting of the minds’ underpins the logic of adversarial procedures, declarative judgment, punitive sanctions, and concepts such as necessity.This book shows how the 1955 Bandung Conference articulated a largely neglected vision of accession as acceptance, rather than agreement - one much older than those used at the 1945 San Francisco Conference establishing the UN Charter, one much older than the 1948 Universal Declaration of Human Rights that became a mandatory precondition of moder statehood, and one from which perspective different legal conce
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