The consensual structure of the international legal order, with its strong emphasis on the sovereign equality of states, has always been somewhat precarious. In different waves over the centuries, it has been attacked for its incongruence with the realities of inequality in international politics, for its tension with ideals of democracy and human rights, and for standing in the way of more effective problem-solving in the international community. While surprisingly resilient in the face of such challenges, the consensual structure has seen renewed attacks in recent years. In the 1990s, those attacks were mainly “moral” in character. They were related to the liberal turn in international law, and some of them, under the banner of human rights, aimed at weakening principles of nonintervention and immunity. Others, starting from the idea of an emerging “international community,” questioned the prevailing contractual models of international law and emphasised the rise of norms and processes reflecting community values rather than individual state interests. Since the beginning of the new millennium, the focus has shifted, and attacks are more often framed in terms of effectiveness or global public goods. Classical international law is regarded as increasingly incapable of providing much-needed solutions for the challenges of a globalized world; as countries become ever more interdependent and vulnerable to global challenges, an order that safeguards states’ freedoms at the cost of common policies is often seen as anachronistic. According to this view, what is needed-and what we are likely to see-is a turn to nonconsensual lawmaking mechanisms, especially through powerful international institutions with majoritarian voting rules.

[The extract is part of the article “The Decay of Consent: International Law in an Age of Global Public Goods” by Krisch N, in the American Journal of International Law].

Abstract refers to the principle of ‘non-intervention’. Which of the following statements is not true with respect to the principle of ‘non-intervention’ enshrined in Article 2(7) of the UN Charter:

Extract refers to several institutions with law-making power. Security Council may be one such institution. Which of the following statements is not true with respect to the Security Council?

Extract refers to ‘norms and processes reflecting community values’. In this context, Jus cogens norms serve to protect the fundamental values of the international community. Which of the following is not true with respect to jus cogens?

Article 25 of the UN Charter states, ‘The Members of the United Nations agree to accept and carry out the decisions of the _______ in accordance with the present Charter.’ Which of the following organ(s) of the United Nations is/are being referred to in Article 25:

Which of the following statements is not true with respect to ‘customary international law’?