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Arcs of Global JusticeEssays in Honour of William A. Schabas$
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Margaret M. deGuzman and Diane Marie Amann

Print publication date: 2018

Print ISBN-13: 9780190272654

Published to Oxford Scholarship Online: January 2018

DOI: 10.1093/oso/9780190272654.001.0001

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The Role of Advocates in Developing International Law

The Role of Advocates in Developing International Law

Chapter:
(p.521) 26 The Role of Advocates in Developing International Law
Source:
Arcs of Global Justice
Author(s):

Wayne Jordash

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190272654.003.0027

As this chapter explains, legal scholars occupy a uniquely educative place in the international arena. Some, such as William Schabas, have extended their scholarship into the courtroom as international adjudicative mechanisms have expanded their reach. Not only are these new and proliferating judicial mechanisms involved in the making (and not only the clarification) of the law, but advocates who appear before them are freed from methodological strictures that might otherwise limit their action and ability to argue for normative change. This intellectual freedom to use the law but look beyond it and support arguments by reference to other worldly disciplines is a peculiarly vital contribution to the development of the law and the advancement of society. For the new breed of eminent scholars such as Schabas, this unfettered advocacy may well turn out to be their most enduring contribution to the development of international law.

Keywords:   scholarship in motion, advocates in action, lawmaking, equity, critical positivism, advocacy

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