Pleading for International Law: Assessing the Influence of Party to Proceedings on Legal Change in International Courts

Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt

Standard

Pleading for International Law: Assessing the Influence of Party to Proceedings on Legal Change in International Courts. / Byrne, William Hamilton; Godzimirska, Zuzanna.

I: Journal of International Dispute Settlement, Bind 14, Nr. 1, 2023, s. 4–23.

Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt

Harvard

Byrne, WH & Godzimirska, Z 2023, 'Pleading for International Law: Assessing the Influence of Party to Proceedings on Legal Change in International Courts', Journal of International Dispute Settlement, bind 14, nr. 1, s. 4–23. https://doi.org/10.1093/jnlids/idad002

APA

Byrne, W. H., & Godzimirska, Z. (2023). Pleading for International Law: Assessing the Influence of Party to Proceedings on Legal Change in International Courts. Journal of International Dispute Settlement, 14(1), 4–23. https://doi.org/10.1093/jnlids/idad002

Vancouver

Byrne WH, Godzimirska Z. Pleading for International Law: Assessing the Influence of Party to Proceedings on Legal Change in International Courts. Journal of International Dispute Settlement. 2023;14(1):4–23. https://doi.org/10.1093/jnlids/idad002

Author

Byrne, William Hamilton ; Godzimirska, Zuzanna. / Pleading for International Law: Assessing the Influence of Party to Proceedings on Legal Change in International Courts. I: Journal of International Dispute Settlement. 2023 ; Bind 14, Nr. 1. s. 4–23.

Bibtex

@article{e8583dc7c1ac4dcf8f958509c0c3b727,
title = "Pleading for International Law: Assessing the Influence of Party to Proceedings on Legal Change in International Courts",
abstract = "Scholars increasingly seek to understand the driving forces behind change in international law. However, these analyses often tend to provide external forms of analysis that presume change can be identified without engaging with the actors, or looking at the law. This article takes the role of party pleadings in international dispute settlement as a means through which we can assess the influence of actors on law-making. Taking the development of the {\textquoteleft}control of the crime{\textquoteright} theory at the International Criminal Court as its object, the article scrutinizes legal change by dissecting the multifaceted role of pleadings. Adopting an interdisciplinary approach and conducting quantitative analysis of citation patterns, content analysis of case law, and interviews with practitioners, it offers a novel methodological take and empirical insights into our understanding of what makes up legal change in international law, and how we can identify its meaning through different access points. ",
author = "Byrne, {William Hamilton} and Zuzanna Godzimirska",
year = "2023",
doi = "10.1093/jnlids/idad002",
language = "English",
volume = "14",
pages = "4–23",
journal = "Journal of International Dispute Settlement",
issn = "2040-3585",
publisher = "Oxford University Press",
number = "1",

}

RIS

TY - JOUR

T1 - Pleading for International Law: Assessing the Influence of Party to Proceedings on Legal Change in International Courts

AU - Byrne, William Hamilton

AU - Godzimirska, Zuzanna

PY - 2023

Y1 - 2023

N2 - Scholars increasingly seek to understand the driving forces behind change in international law. However, these analyses often tend to provide external forms of analysis that presume change can be identified without engaging with the actors, or looking at the law. This article takes the role of party pleadings in international dispute settlement as a means through which we can assess the influence of actors on law-making. Taking the development of the ‘control of the crime’ theory at the International Criminal Court as its object, the article scrutinizes legal change by dissecting the multifaceted role of pleadings. Adopting an interdisciplinary approach and conducting quantitative analysis of citation patterns, content analysis of case law, and interviews with practitioners, it offers a novel methodological take and empirical insights into our understanding of what makes up legal change in international law, and how we can identify its meaning through different access points.

AB - Scholars increasingly seek to understand the driving forces behind change in international law. However, these analyses often tend to provide external forms of analysis that presume change can be identified without engaging with the actors, or looking at the law. This article takes the role of party pleadings in international dispute settlement as a means through which we can assess the influence of actors on law-making. Taking the development of the ‘control of the crime’ theory at the International Criminal Court as its object, the article scrutinizes legal change by dissecting the multifaceted role of pleadings. Adopting an interdisciplinary approach and conducting quantitative analysis of citation patterns, content analysis of case law, and interviews with practitioners, it offers a novel methodological take and empirical insights into our understanding of what makes up legal change in international law, and how we can identify its meaning through different access points.

U2 - 10.1093/jnlids/idad002

DO - 10.1093/jnlids/idad002

M3 - Journal article

VL - 14

SP - 4

EP - 23

JO - Journal of International Dispute Settlement

JF - Journal of International Dispute Settlement

SN - 2040-3585

IS - 1

ER -

ID: 329925187