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International Lawyers as Lawmakers

Authors: Pereira, Luiza;

International Lawyers as Lawmakers

Abstract

International lawyers’ participation in international lawmaking is understudied. This gap is especially poignant in the context of the discipline’s obsession with discussing sources and lawmaking. This thesis employs an eclectic methodology that draws from doctrinal methods, critically inspired description, and empirical approaches to fill this gap, answering the question ‘How do International Lawyers make international law?’ The thesis begins by investigating why the gap exists in the first place. It then maps out the international legal profession, finding patterns in international lawyers’ career paths, and drawining connections between them, using obituaries published in the British Yearbook of International Law. This is followed by case studies that zoom into this professional map writ large. These case studies both demonstrate the existence of the phenomenon, and help illustrate its complexity. The case studies include (1) Roberto Ago and James Crawford’s attempts to make State Responsibility more ‘multilateral’; (2) Sir Elihu Lauterpacht’s project to grant individual investors’ access to international dispute settlement; (3) Antonio Cassese’s push against sovereignty in favour of humanity through international criminal law; and finally (4) Michael Schmitt’s regulation of Cyber War through the non-legislative expert codification, the Tallinn Manuals. The results presented indicate there are both dangers and emancipatory possibilities in international lawyers’ lawmaking role. They further illustrate the limits of individual international lawyers’ agency in light of the system’s structural constraints.

Country
United Kingdom
Related Organizations
Keywords

Sources of International Law, Public International Law, General International Law, International Legal Profession, Theory of International Law

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green