THE GENERAL THEME OF THE CONFERENCE
Critical reflection on the in/ex-clusiveness of international law serves as an opportunity to
analyse its historical, political, and economic baggage. In the 19th century context, the role of
international law was intertwined with the assumption that certain territories were not entitled
to take part in the core cycle of international lawmaking. While the 19th century discourse
cannot be treated in a homogeneous way, different and unequal relationships were built according, at least in part, to the perceived status of the civilisation of certain states and territories.
among others, were mobilised to sustain the classification of states and the subjugation of
territories and peoples, in an age where positivistic approaches were often celebrated in legal
science.
Modern international law and lawmakers have worked towards greater inclusiveness, or at least
so it seems. The independence of former colonies may have been one of the most significant
achievements involving people under colonial rule, whose struggle, among others, eventually
led to some changes to international law and institutions. While decolonisation and related legal
and institutional changes may provide one of the symbolic instances, there are many other
dimensions in which international politics and law have embraced actors, processes, and ideas
that were previously excluded or marginalised.
While international law’s problematic exclusiveness has been partly remedied, it is often
acknowledged that the issue remains unresolved, reproduced, or undetected on many fronts.
While the UN may have been celebrating its contribution to decolonisation and related legal
and institutional changes, significant economic disparities have not been resolved by the
acquisition of the formal status as sovereign states for newly independent states. The new
participants also found themselves bound by the existing architecture of international law,
institutions, and political and economic conditions. Furthermore, international law remains
uncertain with regard to those territories whose formal statehood is disputed.
Various exclusionary factors may persist in the specific fields of international law, in such a
manner that affected entities, groups, and individuals find them normatively problematic.
Consider, for instance, representation and participation in the development of law, actors to
whom accountability is rendered, the identification of right-holders and protected persons,
economic ideologies that underpin law and institutions, and the legal construction of security
threats. While global values, common interests, and solidarity are constantly referred to in the
practices of international law and institutions, the flexibility and uncertainty of such values
may have rather preserved and strengthened the exclusiveness of international law.
The 17th annual conference of the ESIL will take a critical look at the inclusiveness and
exclusiveness of international law. Consideration will also be given to the related role of
international law scholarship. The conference will address the theme in various theories,
domains, methodologies, and the teaching of international law. The conference serves as an
opportunity for participants to revisit some of the underlying assumptions about international
law, practices, and theories.
The conference will consist of six (6) fora panels which will explore in/exclusiveness in the
construction of the history of international law and international lawmaking, discuss related
research methods, as well as of the in/ex-clusiveness in university curricula and legal careers.
Twelve (12) agorae will be organised around more specific themes as described below. Agora
speakers are selected on the basis of paper proposals submitted in response to this call for
papers.
THE THEMES OF THE AGORAE
The ESIL 2022 will convene 12 agorae, 10 based on the following 10 themes, 2 based on Agora
proposals submitted by ESIL Interest Groups. The ESIL invites innovative paper proposals
concerning one of the Agora themes:
1. In/ex-clusiveness in Personality and Actors in International Law
NGOs, non-state armed groups, multinational corporations, professional associations,
certification and insurance companies, etc. have increasingly gained agency in international
decision-making processes and in the enforcement of international law, at the international and
domestic levels. Notwithstanding this, only a limited group of actors, mainly states and
international organisations, are recognised as having international legal personality. This agora
welcomes papers addressing the content of international legal personality and offering
alternative approaches to personality and subjectivity.
2. In/ex-clusiveness in the Interpretation of International Law
The dichotomy between a formalistic versus a non-formalistic approach to the application and
interpretation of international law still permeates international practice and scholarship. This
agora welcomes papers which engage with this dichotomy and/or consider possible ‘third’
approaches to interpretation. Submissions can cover issues relating to the notions of ‘relevant
practice’, ‘subsequent treaties’ and ‘relevant context’.
3.In/ex-clusiveness in International Adjudication
Legal standing in front of international courts and tribunals is still limited for non-state actors.
In light of the wider variety of actors participating in international relations, those limitations
might result in a (total or partial) denial of justice for the actors involved. Moreover,
international benches tend to lack diversity, in terms of gender, race, national and cultural
backgrounds, and class. More diverse benches might adopt different decisions, protect different
interests and attract different participants in the available procedures. International adjudication
can also emphasise the inequalities between states and, thus, impact actual participation in
judicial proceedings. The agora welcomes papers which address the many facets of
international adjudication, its inclusiveness or lack thereof.
4. In/ex-clusiveness in Right-Holders and Protected Persons
Who has rights pursuant to international law? Should elements of nature or animal species also
have rights? Is a right-based approach to protect individuals or elements of nature always the
answer? This agora strives to answer these questions by discussing who/what international law
protects and through which legal framing of the object/subject of the protection.
5.In/ex-clusiveness in Economic Ideologies and Perspectives
International law is not economically neutral. Capitalist and neoliberal ideologies have greatly
influenced the development of international law, specifically since the end of the World War
II. As any ideology, they have buttressed certain interests and protected certain actors. In some
historical moments, other ideologies (e.g., the New International Economic Order) have
managed to impact international law. This agora would like to address, inter alia, the following
questions: who/what has been in/excluded from the developments of international law
buttressed by the different economic ideologies and perspectives? Which economic ideologies
are currently influencing the development of international law, and how?
6.In/ex-clusiveness in the Legal Construction of Sustainable Environment
Sustainable development presupposed interlinkages between the protection of the environment,
the protection of human rights and international economic law. International environmental
law has thus been framed as tightly connected to economic development. It remains unclear,
however, what a sustainable environment is from a legal perspective and what the legal nature
of sustainable development is. This agora welcomes papers addressing the development and
content of this term, discussing the parameters to assess the ‘sustainability’ of the environment
and considering whether a sustainable environment is a healthy (or ecologically sound)
environment.
7.In/ex-clusiveness in the Legal Construction of Violence and Security
International law has dealt with the security of states and the violence perpetrated by states
since its very beginning. Many scholars and practitioners have highlighted the weaknesses and
limitations of the international legal framework in tackling other forms of violence perpetrated
by and threats to the security of non-state actors. This agora welcomes papers addressing those
weaknesses and limitations, with a particular focus on how international law is dealing with
violence targeting social groups and minorities, with violence perpetrated by non-state actors
and with guaranteeing the security of non-state actors, social groups and minorities.
8.In/ex-clusiveness of the Legal Construction of the Commons (outer space;
deep seabed area; climate/atmosphere; etc.)
Why are the commons common? Who participates in the decision-making processes? Who
benefits from their management and exploitation? Who should address and remedy problems?
This agora welcomes papers which offer answers to these and related questions on how
international law has construed the concept of, and manages, the ‘commons.’
9.In/ex-clusiveness in the Legal Construction of Borders (both terrestrial and
maritime)
The concept of borders has multiple dimensions (historical, political, and economical). Borders
in international law are stable and objective: delimitation treaties are binding erga omnes and
they are not affected by state succession. Their stability and thus rigidity have however
jeopardized the respect of fundamental principles, such as the principle of self-determination
of people, and are now debated in relation to territorial changes and forced migrations caused
by climate change. This agora welcomes papers engaging with the concepts of borders,
boundaries and frontiers in international law, from a theoretical and practical perspective. This
may include issues concerning the in/exclusiveness of delimitation processes, the legal
weaknesses and gaps of border management, or the challenges linked to border modifications.
10.In/ex-clusiveness of the Legal Construction of Justice
Which type(s) of justice is international law enabling/pursuing? Who are the beneficiaries of
this justice? Which are the institutions involved in legally guaranteeing justice at the
international level? Who controls the guarantor? This agora calls for papers which offer a
reflection on the concept of justice in international law and how it translates into legal norms
and institutions
.STRUCTIONS FOR SUBMISSION
Selection criteria
The abstracts will be assessed by the programme committee, which consists of the agora chair,and representatives from the ESIL Board and the host institution, on the basis of:
•Originality and innovative nature of the work
Relevance to one of the agora themes
•Diversity criteria, in accordance with the ESIL Statement of Principles on Diversity,
Equality and Inclusion
Only one abstract per author will be considered. Panel proposals are not eligible and will not
be considered. Joint submissions are possible, but a reduced registration fee is applicable only
to one of the selected speakers.
Information to be included
Paper proposals must be submitted via the online submission page of the conference website.
The deadline for the submission of abstracts is 31 January 2022. The following information
must be included:
•
An abstract, not exceeding 500 words
•
A short biography (100 words) should be included in the abstract itself
•
The agora for which the paper should be considered (one agora only)
•
The author’s name and affiliation
•
The author’s CV, including a list of relevant publications (max. 800 words)
•
The author’s contact details, including email address and phone number
•
Whether the author is a current ESIL member
•
Whether the abstract should be considered for the ESIL Young Scholar Prize (see
below) and, if so, the relevant information (about eligibility and ESIL membership)
Submission of Agora panel proposals by ESIL Interest Groups
Following the ESIL’s previous annual conferences, two agorae will be reserved for ESIL
Interest Groups, which are invited to submit panel proposals.
Agora proposals can only be submitted by ESIL Interest Group conveners and must be
submitted via the conference website. The proposal must include the following information:
•
The name of the ESIL Interest Group submitting the proposal
•
The contact details of the person(s) submitting the proposal, including email address
and phone number
•
The title of the proposed panel, and a description of the overall theme of the panel and
the insights expected from the discussion
•
The format of the agora: panel, roundtable, or other format (please note: all agorae are
scheduled for 1.5 hours and there can be a maximum of 4 participants – e.g. one chair
and 3 speakers)
•
A full set of abstracts of the individual papers that are to be part of the panel, with the
information required for paper proposals (see above)
Full papers
Selected speakers should submit a first draft of their paper (min. 3000 words) prior to the annual
conference. The paper will be shared with other agora speakers with a view to creating
interactions during the conference. The quality of the drafts will be screened by the programme
committee, which may request amendments.
Timeline
• The deadline for submission of abstracts is 31 January 2022
• Successful applicants will be informed no later than 31 March 2022
• The deadline for submission of full papers is 1 July 2022
• The conference runs from 1 to 3 September 2022
• The deadline for (optional) submission of final papers (to be included in the ESIL Paper
Series and/ or a future conference publication) is 1 November 2022
Finances
All selected agora speakers must register for the conference and, if ESIL members, will be
eligible for a reduced conference registration fee. ESIL does not cover expenses for travel and
accommodation. ESIL awards travel grants and carers’ grants to ESIL members to encourage
and facilitate attendance at ESIL events. Application details can be found on the ESIL website.
Publication
After the conference, ESIL provides the opportunity to publish papers in the ESIL Paper Series
and also plans to publish selected high-quality papers in a volume of the ESIL Book Series
(published by OUP). Further details about how to submit papers for publication will be
provided to all speakers immediately after the conference.
ESIL Young Scholar Prize
ESIL will award the Young Scholar Prize (YSP) again in Utrecht. Further details about the
Prize can be found on the ESIL website. The YSP will be awarded for the best paper submitted
to the conference or to a pre-conference Interest Group workshop by a scholar at an early stage
in her or his career.
Early-career scholars are (i) candidates for a postgraduate degree in law;
or those who have had their oral defence no longer than 3 years prior to the submission of an
abstract; or
scholarship through academic publication. Candidates for the Prize have to be ESIL members
at the time of submitting their abstract.
prize if all authors fulfil the eligibility criteria.
To be considered, please provide the following information when submitting the abstract:
• An expression of interest in competing for the ESIL YSP
• Date of enrolment in PhD programme / date of PhD defence or date of award of the last
academic degree (to indicate how the eligibility criteria are met)
• Date of joining ESIL
Upon acceptance of the abstract for presentation at the conference or in a preconference IG
workshop and notification that they are eligible for the YSP, authors must submit a paper of
between 8,000 and 12,000 words (including footnotes) to the ESIL Secretariat
([email protected]) by 1 July 2022 for consideration by the YSP jury
CONTACT
For further information, consult our website https://esilutrecht2022.sites.uu.nl or please write
to [email protected].
