Full Description
The words and actions of states have a significant influence on international law. But what of silence and inaction? During the twentieth and twenty-first century, the framework of international law underwent profound transformation. As a result, the contexts in which State silence may be interpreted have become complex and are not well understood. In light of these new realities, this ground-breaking volume explores the evolving legal meaning and effects of State silence in international law-making.
Across sixteen chapters, this book questions the circumstances that necessitate a State's reaction, the factors influencing a State's ability to respond, and how a period of silence should be assessed. It also investigates whether and how the shift in international law from bilateralism towards community interests, multilateralism, intergovernmental institutions, and expert bodies, including international courts and tribunals, affect the interpretation of State silence. Furthermore, it probes whether and how advancements in communication, the increased number of States, and their diverse characteristics influence this interpretation.
Examining these issues across multiple facets of international law, the book demonstrates the ubiquity of State silence and its legal significance in different fields, and the contextual factors that come together to interpret State silence in a particular instance. Through this exploration, the broad question of state silence's role in either maintaining stability or enabling change is scrutinised.
Featuring contributions from twenty-one experts, State Silence Across International Law is a must read for anyone interested in understanding state silence as a factor across different areas of law, including peace and security, international humanitarian law, international criminal law, and international economic law, among others.
Contents
Part 1. General
1: Danae Azaria: Introduction
2: Omri Sender and Michael Wood: State Silence and the Work of the International Law Commission
Part 2. Peace and Security
3: Danae Azaria: State Silence and the Law on the Use of Force
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5: Sandesh Sivakumaran: State Silence and the Law of Armed Conflict
6: Talita Dias: State Silence and International Criminal Law
Part 3. International Human Rights Law
7: Andreas Zimmermann and Nils-Hendrik Grohmann: State Silence and the Framework of the ICCPR
8: Olivia Coral Daniels and Laurence R. Helfer: State Silence and the European Human Rights System
Part 4. International Economic Law
9: Gabrielle Marceau and Rebecca Walker: WTO Members' Silence and WTO Decision-Making
10: Robert Howse: WTO Members' Silence and WTO Law
11: August Reinisch and Johannes Tropper: State Silence and International Investment Law
Part 5. International Law of Spaces and the Environment
12: Giovanni Distefano and Aymeric Hêche: State Silence and Territorial Title and Boundaries
13: Jean-Marc Thouvenin: State Silence and the Law of the Sea
14: Lorenzo Gasbarri: State Silence and International Space Law
15: Malgosia Fitzmaurice: State Silence and International Environmental Law
Part 6. Conclusion
16: Danae Azaria: Conclusion
