Project description
State inaction and international law
International law consists of rules governing primarily the relations between States, and is identified by examining what States do and say. But, what happens when a State does or says nothing? Many questions emerge concerning the meaning of silence, why a State may remain 'silent', and the consequence of State silence. The EU-funded State Silence project offers the first comprehensive study of the legal significance of State silence: it will provide a taxonomy of 'silences', and reveal whether silence can bind States, and if so, under which circumstances; the role of State inaction for State responsibility; and the effect of State inaction in the field of international dispute settlement, including non-appearance before international courts and tribunals. The central aim of the project is to understand the legal effects of the 'silences' of States, the reasoning and theory behind the law, and the reasons for which States remain silent by considering the features of modern international law – where more States and institutions exist, communications are easier, and where more rules that protect community interests exist.
Objective
International law is the law between States. It is identified by observing the behaviour of States and deriving rules from their behaviour. But, what happens when States do nothing? Can States be bound by their own silence? Can international law develop through the silence of States? Can States be responsible for doing nothing? What happens when States do not appear before international courts and tribunals? These questions are immensely significant for States, international courts and tribunals, domestic courts, and individuals, who are all interested in knowing what the obligations of States are and how they can be enforced within and outside international courts and tribunals. Yet, there are major gaps in our understanding of the meaning of State silence and its legal effects. This project is the first comprehensive study of the silence of States in international law. It will explore and analyze whether the silence of States can bind them, and if so, under which circumstances; the role of State inaction for the responsibility of States; and the effect of State inaction in the field of international dispute settlement, focusing particularly on the proceedings before international courts and tribunals. It aims (a) to make a major contribution to knowledge on the meaning of silence by providing a comprehensive taxonomy of the ‘silences’ of States and on the legal effects of different ‘silences’; and (b) to critically analyse whether a change in the law may be called for. The project will conduct research in wide-ranging and geographically representative State practice available in the six official languages of the United Nations, international jurisprudence and literature. It will also employ empirical analysis of the reasoning of government officials’ and international judges in order to assess the advantages and disadvantages of States silence, in the form of non-appearance, in international judicial procedures.
Fields of science (EuroSciVoc)
CORDIS classifies projects with EuroSciVoc, a multilingual taxonomy of fields of science, through a semi-automatic process based on NLP techniques. See: The European Science Vocabulary.
CORDIS classifies projects with EuroSciVoc, a multilingual taxonomy of fields of science, through a semi-automatic process based on NLP techniques. See: The European Science Vocabulary.
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Keywords
Project’s keywords as indicated by the project coordinator. Not to be confused with the EuroSciVoc taxonomy (Fields of science)
Project’s keywords as indicated by the project coordinator. Not to be confused with the EuroSciVoc taxonomy (Fields of science)
Programme(s)
Multi-annual funding programmes that define the EU’s priorities for research and innovation.
Multi-annual funding programmes that define the EU’s priorities for research and innovation.
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H2020-EU.1.1. - EXCELLENT SCIENCE - European Research Council (ERC)
MAIN PROGRAMME
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Topic(s)
Calls for proposals are divided into topics. A topic defines a specific subject or area for which applicants can submit proposals. The description of a topic comprises its specific scope and the expected impact of the funded project.
Calls for proposals are divided into topics. A topic defines a specific subject or area for which applicants can submit proposals. The description of a topic comprises its specific scope and the expected impact of the funded project.
Funding Scheme
Funding scheme (or “Type of Action”) inside a programme with common features. It specifies: the scope of what is funded; the reimbursement rate; specific evaluation criteria to qualify for funding; and the use of simplified forms of costs like lump sums.
Funding scheme (or “Type of Action”) inside a programme with common features. It specifies: the scope of what is funded; the reimbursement rate; specific evaluation criteria to qualify for funding; and the use of simplified forms of costs like lump sums.
ERC-STG - Starting Grant
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Call for proposal
Procedure for inviting applicants to submit project proposals, with the aim of receiving EU funding.
Procedure for inviting applicants to submit project proposals, with the aim of receiving EU funding.
(opens in new window) ERC-2019-STG
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Net EU financial contribution. The sum of money that the participant receives, deducted by the EU contribution to its linked third party. It considers the distribution of the EU financial contribution between direct beneficiaries of the project and other types of participants, like third-party participants.
WC1E 6BT LONDON
United Kingdom
The total costs incurred by this organisation to participate in the project, including direct and indirect costs. This amount is a subset of the overall project budget.