Concept: On March 26, 2021, in a speech to the American Society of International Law, Judge Abdulqawi Yusuf of the International Court of Justice (ICJ) reflected on the establishment of the Permanent Court of International Justice. Judge Yusuf closed this portion of his remarks by stating, “there can be no international law without a court to apply it.”
This event seeks to probe that assertion. From Hugo Grotius’ work in the 1600s through the early 20th century, there were no international courts. Enforcement of nascent international law during this period took a variety of forms, ranging from mediation and arbitration to armed conflict. Some of these models may hold useful lessons for current developments in international law and disputes; others were the very reason that permanent international courts were deemed by some to be necessary, including at the Hague Peace Conferences and within the Advisory Committee of Jurists.
The expansion of international law in the 20th century coincided with the proliferation of international courts across subject matters and regions. Some of these have been active, while others saw little or no activity. States continue to resolve disputes, relying on international law and legal claims, in a variety of manners outside of the formal international court systems. Several international judicial bodies are now undergoing reform. Some states are withdrawing from treaties with ICJ clauses (or avoiding them in new treaties), and the WTO Appellate Body has been suspended. Simultaneously, States are considering expanding the range of international courts, including proposals for judicialization of investor-state disputes.
As we think about the resolution of disputes under international law, we should consider how international courts contribute to international law in the 21st century, and how the enforcement and development of international law might look in their absence. In this examination we should appreciate the considerable contribution of international courts to the interpretation, application, and development of international law. We should likewise examine whether, how, and why alternate forms of interstate dispute resolution remain relevant to the interpretation, application, and development of international law, being mindful of the concerns not only of States but of peoples and individuals in the international legal system. We might consider whether Judge Yusuf’s statement remains more true in certain areas of international law than in others.
Request for Submissions: The International Courts and Tribunals Interest Group of the American Society of International Law (ASIL/ICTIG) invites the submission of abstracts on the above concept, including but not limited to works focusing on legal history (including but not limited to international law disputes and mechanisms that predate the establishment of international courts); the current role of international courts in the resolution of interstate disputes and the interpretation, application, and development of international law; international courts in the context of international relations; and the continuing role of non-judicial dispute settlement and enforcement of international law. We seek papers addressing the ways that international courts have impacted international law and international relations, and ways in which international law has, might have, and could still, develop in their absence.
Abstracts must not exceed 500 words. Abstracts must be received by Monday, September 27.
Authors selected for participation will be invited to attend a conference on Thursday, December 16 and Friday, December 17, 2021, in Washington D.C. to discuss their papers (location TBD), COVID-19 restrictions permitting. Drafts of the selected articles must be submitted by Wednesday, December 1 for dissemination to conference participants. Although it is preferred to participate in person, arrangements will be made for some authors to attend by videoconference. Travel costs and accommodation must be incurred by participants.
Selected submissions may thereafter be proposed for publication in an edited volume and/or special journal issue.
Please submit abstracts to [email protected].
