State Silence Across International Law

Meaning, Context, and Developments

Inbunden, Engelska, 2025

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Beskrivning

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.

Produktinformation

Utgivningsdatum:2025-05-28
Mått:165 x 240 x 27 mm
Vikt:738 g
Format:Inbunden
Språk:Engelska
Antal sidor:394
Förlag:OUP OXFORD
Medarbetare:Danae Azaria
ISBN:9780198912620

Utforska kategorier

Folkrätt inom Juridik
Internationella relationer inom Samhälle och politik

Mer om författaren

Danae Azaria Associate Professor of Law at the Faculty of Laws, University College London (UCL), and the Principal Investigator of the Starting Grant (State Silence) of the European Research Council. She is a laureate of the Guggenheim Prize in Public International Law for her monograph, Treaties on Transit of Energy via Pipelines and Countermeasures (OUP, 2015) and has published widely in international law. She holds and has held various prestigious editorial and advisory positions and visiting professorships. She is listed as an arbitrator in relation to various treaties, and she regularly advises governments and international organizations on issues of public international law.

Recensioner i media

Masterfully conducted and put together by Danae Azaria, this outstanding collective research on the legal meaning of State silence across various fields of international law will be much talked about. While silence is always deeply contextual, giving it legal significance—or not—ultimately rests on commonsensical considerations that betray a certain understanding of social relations. Silence is thus not only crucial for what it means, but most importantly for what allows us to make it meaningful. In other words, State silence speaks volumes about the very possibility of law in the international community.

Innehållsförteckning

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 4: Duncan B. Hollis and Barrie Sander: State Silence and the International Law of Cyberspace, 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