Abstract

Public international law is entirely a product of consensualism. The State, which is both the legislator and subject of the world juridical order, only agrees to comply with exterior norms to the extent that it approves of their content. Any treaty, in its contractual nature; any custom, in its consensual nature; any decision of an international organization, in its ability to be en forced, expresses the agreement of the concerned States, whether on a case by case or global basis. National sovereignty is in this way safeguarded. Nothing can be imposed on those who govern without their consent. Indeed, until the middle of the twentieth century, States had succeeded in juridically protecting their free will; or more precisely, their free willfulness. International law required no behavioral norms, and no obligation of tolerance, in regard to a State's own nationals.