State silence across international law : meaning, context, and developments /
"The words and actions of states have a significant influence on international law. But what of silence and inaction? During the twentieth and twenty-first century, the framework of international law underwent profound transformation. As a result, the contexts in which State silence may be inte...
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| Format: | eBook |
| Language: | English |
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Oxford :
Oxford University Press,
[2025]
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| Online Access: | Connect to the full text of this electronic book |
| Summary: | "The words and actions of states have a significant influence on international law. But what of silence and inaction? During the twentieth and twenty-first century, the framework of international law underwent profound transformation. As a result, the contexts in which State silence may be interpreted have become complex and are not well understood. In light of these new realities, this ground-breaking volume explores the evolving legal meaning and effects of State silence in international law-making. Across sixteen chapters, this book questions the circumstances that necessitate a State's reaction, the factors influencing a State's ability to respond, and how a period of silence should be assessed. It also investigates whether and how the shift in international law from bilateralism towards community interests, multilateralism, intergovernmental institutions, and expert bodies, including international courts and tribunals, affect the interpretation of State silence. Furthermore, it probes whether and how advancements in communication, the increased number of States, and their diverse characteristics influence this interpretation. Examining these issues across multiple facets of international law, the book demonstrates the ubiquity of State silence and its legal significance in different fields, and the contextual factors that come together to interpret State silence in a particular instance. Through this exploration, the broad question of state silence's role in either maintaining stability or enabling change is scrutinised. Featuring contributions from twenty-one experts, State Silence Across International Law is a must read for anyone interested in understanding state silence as a factor across different areas of law, including peace and security, international humanitarian law, international criminal law, and international economic law, among others."--Publisher. This book concerns the legal meaning and effects of State silence in international law-making. Owing to profound developments in the factual background and major developments in the framework of international law in the twentieth and twenty-first century, the 'contexts' in which State silence may be interpreted today have become complex, and they remain not well understood. Bringing together 21 authors and 16 chapters, this book endeavours to understand these contexts better. It enquires whether, and if so, how the shift in international law from bilateralism towards community interests, and towards multilateralism, intergovernmental institutions, and expert bodies, affects the interpretation of State silence. It also probes whether and how the developments in modern means of communication, as well as the increase in the number of States and their diverse characteristics influence, the interpretation of State silence. This volume's vision is 'across international law' because the modern realities of international law are reflected in different fields of international law. This vision demonstrates the ubiquity of State silence and its legal significance in different fields and, crucially, the various modern contexts that may come together in order to interpret State silence in a particular instance. |
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| Physical Description: | 1 online resource |
| Audience: | Specialized. |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: | 9780198912651 019891265X 9780198912644 0198912641 9780198912637 0198912633 |