Paper Presentation: 'The Shadow of the International Court of Justice'
Dates:
- Mon 16 Dec 2019 13.30 - 15.30
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2019-12-16 13:30
2019-12-16 15:30
Europe/Paris
Paper Presentation: 'The Shadow of the International Court of Justice'
Dr. Nyhan will present her research, linked to the ARC-funded project ‘The Potential and Limits of International Adjudication: The International Court of Justice and Australia’ led by Professor Hilary Charlesworth and Professor Margaret Young and based at Melbourne Law School.
ABSTRACT:
International dispute settlement entails a faith in the effectiveness of, compliance with, and commitment to international courts and tribunals. The effectiveness of international adjudicative bodies is typically judged by looking at state compliance with rulings. Yet how and to what extent international courts and tribunals affect dispute resolution without adjudication is an open question. Are international courts and tribunals effective in bringing about the peaceful settlement of inter-state disputes when there is no judicial intervention or scrutiny? What is the general effect of international courts and tribunals on state behaviour? I argue that the effectiveness of international courts and tribunals can not only be measured by the cases they decide but also in the cases they prevent from arising. I further argue that international courts and tribunals impact state behaviour by simply being there.
This study offers an alternative way of thinking about the effectiveness of international dispute settlement at the International Court of Justice (the ‘Court’). Applying Robert Mnookin and Lewis Kornhauser’s ‘Bargaining in the Shadow of the Law’ formulation to international dispute settlement, I demonstrate how ‘the shadow of the Court’ can compel or induce states to settle their differences. The pearl fisheries dispute that arose between Japan and Australia in 1950s illustrates how ‘the shadow of the Court’ induced dispute resolution. This inquiry combines a legal-historical focus on the pearl fisheries dispute with a socio-legal analysis of the Court’s impact.
BIOGRAPHY:
Dr Emma Nyhan is a research fellow on the ARC-funded project ‘The Potential and Limits of International Adjudication: The International Court of Justice and Australia’ led by Professor Hilary Charlesworth and Professor Margaret Young and based at Melbourne Law School. Emma assists with research on legal issues in topic areas such as the role of international adjudication, the background to Australian litigation before the ICJ, and the impact of the cases in which Australia has been involved. She also assists with the administration of the project.
Emma received a PhD from the European University Institute, Italy, in 2018. Her doctoral dissertation, ‘Indigeneity, Law and Terrain: The Bedouin Citizens of Israel’, explored the ways in which the international concept of indigenous peoples came to be applied to the Bedouin in Israel. Her research pursues a socio-legal agenda and employs legal, historical and anthropological methodologies. Her doctoral studies were supported by awards from the Socio-Legal Studies Association (SLSA) and the Council for British Research in the Levant (CBRL).
Sala del Camino - Villa Salviati- Castle
DD/MM/YYYY
Sala del Camino - Villa Salviati- Castle
Dr. Nyhan will present her research, linked to the ARC-funded project ‘The Potential and Limits of International Adjudication: The International Court of Justice and Australia’ led by Professor Hilary Charlesworth and Professor Margaret Young and based at Melbourne Law School.
ABSTRACT:
International dispute settlement entails a faith in the effectiveness of, compliance with, and commitment to international courts and tribunals. The effectiveness of international adjudicative bodies is typically judged by looking at state compliance with rulings. Yet how and to what extent international courts and tribunals affect dispute resolution without adjudication is an open question. Are international courts and tribunals effective in bringing about the peaceful settlement of inter-state disputes when there is no judicial intervention or scrutiny? What is the general effect of international courts and tribunals on state behaviour? I argue that the effectiveness of international courts and tribunals can not only be measured by the cases they decide but also in the cases they prevent from arising. I further argue that international courts and tribunals impact state behaviour by simply being there.
This study offers an alternative way of thinking about the effectiveness of international dispute settlement at the International Court of Justice (the ‘Court’). Applying Robert Mnookin and Lewis Kornhauser’s ‘Bargaining in the Shadow of the Law’ formulation to international dispute settlement, I demonstrate how ‘the shadow of the Court’ can compel or induce states to settle their differences. The pearl fisheries dispute that arose between Japan and Australia in 1950s illustrates how ‘the shadow of the Court’ induced dispute resolution. This inquiry combines a legal-historical focus on the pearl fisheries dispute with a socio-legal analysis of the Court’s impact.
BIOGRAPHY:
Dr Emma Nyhan is a research fellow on the ARC-funded project ‘The Potential and Limits of International Adjudication: The International Court of Justice and Australia’ led by Professor Hilary Charlesworth and Professor Margaret Young and based at Melbourne Law School. Emma assists with research on legal issues in topic areas such as the role of international adjudication, the background to Australian litigation before the ICJ, and the impact of the cases in which Australia has been involved. She also assists with the administration of the project.
Emma received a PhD from the European University Institute, Italy, in 2018. Her doctoral dissertation, ‘Indigeneity, Law and Terrain: The Bedouin Citizens of Israel’, explored the ways in which the international concept of indigenous peoples came to be applied to the Bedouin in Israel. Her research pursues a socio-legal agenda and employs legal, historical and anthropological methodologies. Her doctoral studies were supported by awards from the Socio-Legal Studies Association (SLSA) and the Council for British Research in the Levant (CBRL).
- Location:
- Sala del Camino - Villa Salviati- Castle
- Affiliation:
- Department of Law
- Type:
- Working group
- Contact:
-
Valentina Spiga
-
Send a mail
- Organiser:
-
International Law Working Group
- Speaker:
-
Emma Nyhan (Melbourne Law School)
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