Book Review - The Everyday Makers of International Law: From Great Halls to Back Rooms

The book “The Everyday Makers of International Law: From Great Halls to Back Rooms” unveils the Inner Workings of International Courts, and the authors embark on a fascinating journey to expose the intricacies of the international judicial community. This thought-provoking book delves into the practices, interactions, and confrontations among legal professionals that ultimately shape judicial outcomes, urging readers to abandon traditional formalism and embrace a more nuanced understanding of international adjudication. The central theme of the book revolves around the significance of everyday practices and social dynamics within the international judicial community. The authors argue that these subtle elements wield considerable influence in determining the course of justice far beyond the mere application of formal legal frameworks. This groundbreaking perspective challenges conventional wisdom and calls for a deeper appreciation of the complex dynamics at play. One of the book's strengths lies in its comprehensive exploration of various courts and tribunals, including the ICJ, ECtHR, IACtHR, WTO, and investor-state arbitral tribunals. By analyzing how these institutions handle disputes and examining their positions within the international judicial community, the authors skillfully elucidate the epistemic categories, dynamics, and operational boundaries that shape their decisions. Intriguingly, the authors highlight the lack of a single dominant entity within the international judicial community. Instead, each court occupies a distinct position, contributing to a diverse range of influences on judicial outcomes. This perspective offers readers a multifaceted understanding of the complexities inherent in the global judicial landscape. The concept of "international judicial practices" takes center stage, illustrating how litigation before international courts and tribunals has evolved from a niche field into a specialized and profitable endeavor. This evolution has attracted multinational law firms to establish dedicated offices worldwide, indicating the growing importance of international dispute resolution. In the ICJ, the emergence of a specialized bar of counsel raises intriguing questions about the concentration of power within this select group of individuals. The authors reveal that a few lawyers handle the majority of written submissions and oral pleadings before the court, accruing significant professional capital. This phenomenon, combined with high entry barriers and limited docket, perpetuates a social hierarchy within the bar, potentially influencing the outcome of cases. One of the most thought-provoking paradoxes addressed in the book is the apparent disparity between the increasing geographical diversity of actors seeking resolution in international courts and the decreasing diversity of litigators representing them. Developing countries often outsource their legal representation to a handful of white Western men from elite law firms, which may hinder the introduction of new perspectives and innovative approaches in international litigation. The book begins by emphasizing how specialization in international law can lead to epistemic biases and tunnel visions. Through a compelling case study involving a dispute between the European Union (EU) and Indonesia over palm oil regulations, the book explores how different legal experts' biases can impact the handling and outcomes of complex international disputes. Trade experts may, for instance, overlook human rights principles in trade disputes, while investment lawyers may ignore environmental concerns in their cases. This lack of a broader perspective can limit the ability to address multifaceted legal issues that involve multiple aspects of international law. The case of the EU's new regulation on palm oil provides a captivating backdrop to explore the complexities of international trade disputes. Indonesia, a developing country unable to meet the Roundtable on Sustainable Palm Oil (RSPO) criteria, files a panel request with the World Trade Organization (WTO) to challenge the EU's measures, claiming discrimination against its palm oil exports. Jasper Schoonraad, tasked with analyzing Indonesia's panel request, faces the challenge of crafting a compelling legal strategy to defend the EU's position before the WTO panel. The book deftly navigates through the legal aspects of the dispute, focusing on the General Agreement on Tariffs and Trade (GATT) and the Agreement on Technical Barriers to Trade (TBT Agreement). The central question revolves around whether the EU's regulation complies with the national treatment principle and adheres to the technical regulations outlined in the TBT Agreement. One of the book's key contributions is its exploration of self-contained regimes in international law. Here, the author elucidates how different courts and...

Book Review - The Everyday Makers of International Law: From Great Halls to Back Rooms

Dr.Prema E & Ragul OV

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