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Page 1 of 4

  • 1 - Introduction to International Legal Theory
  • from Part I - Introduction: Setting the Stage
  • Edited by Jeffrey L. Dunoff, Temple University, Philadelphia, Mark A. Pollack, Temple University, Philadelphia
  • Book: International Legal Theory
  • Published online: 21 July 2022
  • Print publication: 04 August 2022, pp 3-36
  • View extract

    Summary

    From its inception, international law has been closely linked to philosophy and political theory, and over time competing theoretical approaches have emerged to explain international law’s nature, form, and efficacy. Even today, we associate the most authoritative names in the discipline – whether founders such as Grotius and Vattel or more modern figures ranging from Kelsen and Lauterpacht to contemporary writers such as Chimni, Chinkin, and Koskenniemi – with specific theoretical perspectives that engage foundational questions about international law’s purpose and content.

    Every generation of scholars and practitioners reshapes international legal theory as it rethinks international law and its role in international affairs. Two decades ago, the American Journal of International Law (AJIL) published a “Symposium on Methods in International Law.”  The AJIL Symposium took place toward the end of the 1990s, during heady times for international law.

International Legal Theory
  • International Legal Theory
  • Foundations and Frontiers
  • Edited by Jeffrey L. Dunoff, Mark A. Pollack
  • Published online: 21 July 2022
  • Print publication: 04 August 2022
  • View description
    Over the past decades international affairs have been increasingly legalized. International law has dramatically expanded into new fields and taken on new challenges. Despite this development, there has been little in-depth scholarship on what impact these changes have had on the field of international legal theory, how it is taught, and where it is going. This volume investigates the major developments in the field and explores the core assumptions and concepts, analytical tools, and key challenges associated with different approaches. An outstanding team of legal academics provides an accessible overview of competing theoretical movements, and a more in-depth understanding of the strengths, preoccupations, insights, and limits of those schools of thought. The contributions provide an authoritative account of current thinking about the theoretical foundations of contemporary international law and will serve as an indispensable resource for students, scholars, and practitioners.
  • The Road Not Taken: Comparative International Judicial Dissent
  • Jeffrey L. Dunoff, Mark A. Pollack
  • Journal: American Journal of International Law / Volume 116 / Issue 2 / April 2022
  • Published online by Cambridge University Press: 17 January 2022, pp. 340-396
  • Print publication: April 2022
  • View abstract

    This Article analyzes long-standing disagreements over dissent's effect on judicial legitimacy, independence, and legal doctrine by undertaking the first comparative study of dissent practices across three leading tribunals, the International Court of Justice, the European Court of Human Rights, and the European Court of Justice. Surprisingly, we find that each of the central claims in debates over dissent at international courts is mistaken. We find that the presence of dissents has little systematic impact on legitimacy; the key factor instead is patterns of dissent that suggest bias among international judges. We find that the effects of dissent on judicial independence are mediated by a third factor, namely the length and renewability of judicial terms of office. Finally, we find that dissents promote law development, but little evidence that today's dissents form the basis for future majority rulings. We then outline a research agenda to examine the impact of dissent at the larger universe of international courts.

  • Ex Pluribus Unum? On The Form and Shape of a Common Code of Ethics in International Litigation
  • Part of
  • Chiara Giorgetti, Jeffrey L. Dunoff
  • Journal: AJIL Unbound / Volume 113 / 2019
  • Published online by Cambridge University Press: 16 September 2019, pp. 312-316
    • Article
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    In April 2019, member-states of UNCITRAL Working Group III requested the UNCITRAL Secretariat to undertake preparatory work for a Code of Conduct for Investor-State Dispute Settlement focusing on the implementation and enforceability of such a code. This groundbreaking development signals that, for the first time, a consensus exists that a code of ethics for Investor-State dispute settlement is desirable and needed. This contribution addresses three threshold questions that such preparatory work raises, namely: the preferred form of the code, the code's substantive reach, and the optimal process for bringing a code to fruition. As set out below, we urge that states adopt a mandatory common code of ethics for disputes involving states, and that arbitral institutions adopt this code as part of their rules for administering arbitration.

Page 1 of 4