Project description DEENESFRITPL 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. Show the project objective Hide the project objective 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 social scienceslawinternational law Keywords silence of States inaction sources of international law responsibility of States dispute waiver non-appearance before international courts and tribunals Programme(s) H2020-EU.1.1. - EXCELLENT SCIENCE - European Research Council (ERC) Main Programme Topic(s) ERC-2019-STG - ERC Starting Grant Call for proposal ERC-2019-STG See other projects for this call Funding Scheme ERC-STG - Starting Grant Host institution UNIVERSITY COLLEGE LONDON Net EU contribution € 1 499 763,00 Address GOWER STREET WC1E 6BT London United Kingdom See on map Region London Inner London — West Camden and City of London Activity type Higher or Secondary Education Establishments Links Contact the organisation Opens in new window Website Opens in new window Participation in EU R&I programmes Opens in new window HORIZON collaboration network Opens in new window Total cost € 1 499 763,00 Beneficiaries (1) Sort alphabetically Sort by Net EU contribution Expand all Collapse all UNIVERSITY COLLEGE LONDON United Kingdom Net EU contribution € 1 499 763,00 Address GOWER STREET WC1E 6BT London See on map Region London Inner London — West Camden and City of London Activity type Higher or Secondary Education Establishments Links Contact the organisation Opens in new window Website Opens in new window Participation in EU R&I programmes Opens in new window HORIZON collaboration network Opens in new window Total cost € 1 499 763,00
