Work Packages

Working Package 1 lays the groundwork for the project and continues throughout of the full time frame of the State Silence project.

• Team members have been recruited, including one PhD candidate. More team members, including PhD candidates, will continue to be recruited over time. Meet Team
• Primary (State practice) and secondary material (jurisprudence, literature) for all WPs are being collected, assessed, and systematized. More specifically:
  The decisions of the International Court of Justice, the Permanent Court of International Justice and the International Tribunal for the Law of the Sea that deal with State Silence have been collected categorized and analyzed.
  The decisions of arbitral tribunals (under the PCA Rules) that deal with State Silence have been collected and categorized.
  Decisions of the European Court of Human Rights, of the Inter-American Court of Human Rights, and of the Human Rights Committee are being collected and systematized.
  Decisions of investor-State and inter-State investment tribunals are being collected and systematized.
  WTO Panel and Appellate Body Reports on State Silence are being collected and systematized.
  The work of the International Law Commission that concerns State Silence has been collected and is being analyzed.
  Literature and international case law on non-appearance of States has been collected and taxonomized. Read More in Working Package 5.
• A working taxonomy of and working definition of ‘State silence’ and related concepts has been be set up.
• In December 2021, a (by invitation only) workshop was successfully held on ‘State Silence Across International Law’ examining the role of State silence in normative dynamics in various areas of international law and reflecting on 6 research enquiries set out by the PI. Read More

The meaning and effect of silence in the law of State responsibility will be analyzed, including inaction in the context of complicity and silent consent.

WP 5 explores and analyzes the relevance of State silence to international judicial proceedings and claims, including waiver of claims and acquiescence.

In relation to jurisdiction, the project unpacks the meaning of a ‘dispute’ and the meaning of State silence as opposition in the jurisprudence of the ICJ, ITLOS, all Annex VII arbitrations under UNCLOS, and all inter-State investment arbitrations available on ITALaw.

One PhD thesis on a comparative empirical positivist analysis of non-appearance before international courts and tribunals (focusing on the PCIJ, ICJ, ITLOS and inter-State arbitrations under UNCLOS) is being written.
Another PhD thesis on non-appearance will begin in 2022 or 2023 (empirical archival or interview based research encouraged).

The work of the project will be consolidated.
The monograph ‘State Silence in International Law’ under contract with Oxford University Press will be written-up. Read More
A repository of jurisprudence on silence on the project’s webpage will be completed.
A one-day conference on the silence of States in international law will disseminate findings.