Conclusion to “State Silence Across International Law: Meaning, Context, and Developments”
16 Pages Posted: 12 Sep 2024
Date Written: August 26, 2024
Abstract
State silence is the default State conduct. Yet, it is pivotal in international law-making because it interacts with and can be a reaction to State actions, statements, claims and counter-claims. It may have legal relevance or meaning in various processes of international law-making, discussed in Chapter 1. This book focused on State silence interpretation. Its starting point is that, as a default, State silence, in and of itself, does not have legal meaning. Instead, State silence is interpreted in its ‘context’. Each chapter and all chapters collectively in this volume have demonstrated the ‘infinite variety’ of the contexts in which State silence arises and in which it can be, and indeed has been, interpreted in modern international law and against the modern factual background. In light of the prevalence of State silence, as the default State conduct, and the various legal meanings and effects that State silence may have in various fields, the solution that we, as international lawyers, can offer to States is not simply to encourage governments to ‘speak up’ at all times, to protest or express their views about every activity. Encouraging States to express their legal views constantly ignores diplomatic reality, and the real costs and limitations that most States – developing and developed – face in terms of resources. It also ignores the fact that silence may be culture (and even gender) contingent, which may influence whether particular State representatives ‘speak up’ or remain silent in particular instances. Instead, the legal interpretation of State silence must be better understood, conceptualized and taught. The volume’s vision ‘across international law’ is not only introspect, in the sense of its own content and structure. It is also extrovert. It is intended to inspire and encourage other researchers to ‘see’ or ‘listen to’ various State silences and to consider emerging trends, particular challenges and potential future research topics about State silence in their respective fields. On behalf of all authors, we look forward to the continuation of the conversation.
Keywords: State silence, interpretation, modification, State silence interpretation
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