This lecture has been cancelled in line with Covid-19 precautionary measures. We are looking to reschedule this presentation to later this year. /\/\/\/\ In this luncheon ACIL visiting fellow William Hamilton Byrne (iCourts) will discuss his paper entitled 'What is international legal doctrine? An empirical approach,' exploring the influence of legal scholarship on the development of international law.
|Date||16 March 2020|
My PhD research explores the influence of legal scholarship on the development of international law. The PhD thesis is part theoretical and part empirical. The theoretical part frames interpretivist against more empirical approaches to legal theory in order to ascertain whether the subject remains part of the object in international law. The empirical part is operationalized through three case studies - the ECtHR, ICC, and ICSID – and employs quantitative and qualitative methods to examine the citation of legal scholarship by those tribunals, the use of their case law in legal scholarship, and the broader role of legal scholarship in the daily practice of the tribunal. I present here my case study on the ECtHR which has been revised as a stand-alone paper and in many respects represents a highly condensed version of my PhD. It will be discussed in context of the wider theoretical framework and subsequent findings of my PhD research.
William Hamilton Byrne is a visiting researcher at ACIL and a PhD fellow at iCourts, the Danish National Research Foundation’s Centre of Excellence for International Courts, University of Copenhagen.