International law’s consent-based structure is often seen as inadequate for solving global public goods problems. Many commentators therefore project a turn toward nonconsensualism. This article focuses on three issue areas—internationalantitrust, climate change, and terrorism financing—to analyze whether we can observe such a turn. In the picture that emerges, international law retains much of its consensual character but is increasingly sidelined in favor of other, especially informal and unilateral, modes of governance in which consent plays a more limited role and hierarchy is often pronounced.
Published in American Journal of International Law 108 (2014), 1-40. Access via JSTOR here. Download a pre-print version here.