Cohen Doctoral Seminar in International Law

THE SEMINAR

The biennial Dean Maxwell and Isle Cohen Doctoral Seminar Series in International Law offers a dozen or so doctoral and post-doctoral researchers with a keen interest in international law the opportunity to present and discuss their research ideas with fellow researchers and professors from the Faculty.

THE 2012 THEME

The idealists of the 19th and 20th centuries had great ambitions for international law, considering it to be the primary basis for civilization and progress. The influence of realpolitik, they believed, would decline as States increasingly grasped the benefits of international cooperation and the costs of pursuing narrow self-interest.

That idealism seems to have been replaced by cynicism and skepticism on the part of opponents and even of proponents of international law. Many now question the power of norms to constrain State behaviour while others even maintain that the rhetoric of legitimacy has been abused for illegitimate purposes.

That is not to say that international law has declined; to the contrary, international courts and tribunals have proliferated, and the ICJ's docket is busier than ever.

But the decisions of such tribunals often seem to be influenced by political considerations, and international judges and arbitrators are often criticized (in much the same way domestic judges are) as unelected actors who are unaccountable to any democratic process, an argument that gives support to those who would rather ignore than abide by those decisions.

Is a return to idealism called for in order to alleviate the pressure on international legal institutions brought to bear by powerful, self-interested actors, and the prevailing cynicism about the relevance of law? Or are idealists themselves shaped by self-interest and political considerations?

In fact, one might well ask whether idealism contributes to the politicization of international law as ideologically-driven actors seek to further their own agendas under the cover of seemingly unimpeachable principles.