Setting up a new research agenda in international law that reveals, considers and deconstructs the role of State silence in the making of international law, State responsibility and dispute settlement.
Introduction
The silence of States has always been treated as a ‘side-effect’ of international law. Yet, its presence and role is ubiquitous. This project sets and promotes a new research agenda in the discipline of international law that reveals, considers and deconstructs the role of State silence in international law.
The Research
The State Silence project identifies the different ‘silences’ of States, aims to understand their legal effects in international law-making, in State responsibility and in international dispute settlement, and reflects on the reasoning behind the law for attributing (or not) legal significance to State silence, and the reasons for which States remain silent.
Publications
Trade Countermeasures in Response to Breaches of Non-WTO Obligations
This article argues against a settled view of WTO lawyers that trade countermeasures in response to the violation of obligations outside the WTO are not permissible to WTO Members…
‘Codification by Interpretation’: The International Law Commission as an Interpreter of International Law
This article argues that the International Law Commission (ILC) interprets international law…
The Silence of States In International Law
This monograph is under contract with OUP (expected in 2025) and systematizes and analyzes the rules on State silence in relation to the law of sources, responsibility and dispute settlement.
COMING SOON
State Silence Across International Law
This edited volume is based on the project’s workshop (10-11 December 2021) bringing together leading international law experts who reflect on the role that State silence has played in the development of their respective fields.
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