Two Phenomena Have Converged in recent years to account for the current interest among international lawyers in the concept of the “consensus” of states. The first is the recognition in jurisprudence that all law, and particularly the international legal system with its lack of centrally organized sanctions, is founded on inductively verifiable psychology and not in deductive principles purportedly derived from God, nature, or reason. If international law is nothing more or less than what states (national decisionmakers and their counsel) think it is, then do not particular rules of international law owe their existence and transmutations to the flow of international consensus?
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