ABSTRACT
Chapter 6 defends ICCJ’s third distinctive view: the view that it is ultimately only the consent-receiver’s influences, or his conduct more generally, that invalidates consent, even in cases where the influences are exerted by third parties. For consent to be valid, ICCJ requires that the consent-receiver be able to justify not only the influences that he himself exerted on the consent-giver but also that he tolerated other influences while obtaining consent, for example, influences from third parties. Since such a view may seem to be least plausible when a third party’s influence is most severe, as in cases of coercion, the chapter defends this view in exactly such cases. It supports ICCJ’s position by highlighting a puzzle about consent and third-party coercion and shows that only a view that focuses on the consent-receiver can adequately solve it. The chapter terms ICCJ’s position in this regard the Recipient-Focus-View.
