Lunch seminar with Nicole de Silva
The Foundations of International Justice: International Courts’ Outreach to Their Constituencies
Abstract
International courts have proliferated the international system, but these bodies’ ability to perform their core mandate of international adjudication is contingent on the cooperation of a range of actors in their legal regimes. States must delegate authority to international courts; litigants must use the courts for claiming legal rights and promoting legal accountability; and actors must comply with international courts’ binding decisions.
This study explains how international courts—recognizing how the support of these constituencies is foundational for their performance—choose to adopt outreach strategies (e.g., diplomacy, training, public communication) for engaging and influencing their constituencies (e.g., governments, lawyers, civil society organizations). Analysis of an original dataset of all permanent international courts’ reported activities illustrates the prevalence of outreach activities across international courts. Furthermore, comparative case studies elucidate the factors explaining international courts’ strategic objectives and targets (e.g., governments, national judges, lawyers, CSOs) for outreach. The case studies draw on interviews with officials from international courts (i.e., judges, registry officials) and their collaborators (e.g., international organizations, civil society organizations, donors), as well as extensive analysis of documentation (e.g., annual reports, strategic plans, press releases). In addition, the case study of the African Court on Human and Peoples’ Rights draws on research, conducted in partnership with the Court, to improve its outreach practices.
Overall, the study shows how international courts’ non-adjudicative activities and outreach, while downplayed by the existing scholarship, are important considerations for understanding international courts’ agency and influence in their legal regimes.
Speaker bio
Nicole De Silva is an Associate Professor of Political Science at Concordia University in Montreal, Canada. She holds a DPhil in International Relations from the University of Oxford. Her research broadly explores how states, international organizations, and civil society organizations influence the promotion of human rights and legal accountability, especially in Africa. She is particularly interested in the politics surrounding the development of international law and the organizations that aim to uphold it, such as international courts. Her most recent publications have appeared in journals such as the European Journal of International Relations, Law & Society Review, and American Journal of International Law. Further details regarding her research can be found on her website.
At iCourts, Nicole will pursue her research project that examines international courts’ development of outreach practices targeting various audiences, including governments, legal professionals, and civil society organizations, that can influence the scope of and respect for these courts’ authority.
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