Chapter

The Consent of States

Ian Brownlie

in International Law and the Use of Force by States

Published in print March 1963 | ISBN: 9780198251583
Published online March 2012 | e-ISBN: 9780191681332 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198251583.003.0016
The Consent of States

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This chapter addresses the question of consent of states. It also assesses the theory and practice relating to intervention in a civil war at the request of the ‘legitimate government’. The propositions that represent the present practice of states are shown. These include the aid to a government that is unquestionably legal when there is no organized movement against that government, with a general political object of replacing the government and also when there is organized opposition only to a particular policy of the government. In addition, two courses may be adopted when it is obvious that a substantial body of the population is giving positive support to the insurgents, who thus provide a serious challenge to the government, and there is no question of foreign aid, moral or material, to the insurgents. Lastly, aid to the government threatened is now generally assumed to be legal when foreign assistance is given to the rebels.

Keywords: consent of states; insurgency; civil war; legitimate government; foreign aid

Chapter.  6036 words. 

Subjects: Public International Law

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