New Strategy on the Law-making of International law and the development of State's Consent: the Case Study of Paris 2015 Agreement On Climate Change

The formation of international law especially after the foundation of United Nations (1945) is mainly based on the State’s practice through treaty-making process by States themselves. The States agrees to be bound by an treaty if the formal steps of agreement such as negotiation, signature, ratification etc. is respected. Since that time, the role of State’s consent has been diminished and the western countries focuses on the development of the “unconsensual international law”. In this paper, the practice of States are examined which shows that the present trend of international law take distance from hard law and shifts to the “soft law”. Taking note of the new development of international law , we study the States practices on the codification of the Paris Climate Change agreement of December 2015.