Workshop on State Silence Across International Law (ERC, UCL)

Workshop

Workshop on State Silence Across International Law (ERC, UCL)

On December 10th and 11th, 2021, the ERC State Silence Project held in London (hybrid) its first workshop on the topic ‘State Silence Across International Law’ (upon invitation). The workshop brought together more than 20 renowned experts and early career researchers from around the world to discuss whether, and if so, how, State silence has been given legal meaning in each participant’s area of expertise. The keynote speech was given by Professor Jutta Brunne on 9 February virtually.

The workshop will lead to an edited volume, expected in 2023, which enquires into the legal meaning and legal effect of State silence in normative dynamics, i.e., in international law-making broadly defined. The edited volume will take into account the modern realities and features of international law, such as the existence of more than 190 different States with differing economic, political and institutional capacities; technological advancements which have made communications easier and more numerous; the emergence in modern international law of hierarchically superior norms and community interests alongside the traditional matrix of bilateral/reciprocal obligations between States; the increased number of institutional structures such as intergovernmental organisations and Conferences/Assemblies of Parties which provide permanent for a for cooperation; the proliferation of non-State actors which claim a place in the international law-making process; and takes into account the dynamic nature of norm stability in international law such that State silence may be seen as an enabler of change or the guarantor of stability–or both–at different historical periods.   

The draft papers of each participant had been made available to all workshop participants one month before the workshop. The workshop was divided into six distinct parts, where each participant presented their paper, followed by feedback and discussion among all participants on the presented paper.