On Tuesday 24 October 2023, an audience of government and private sector legal advisers, international law practitioners and academics attended the annual Freshfields Public International Law Seminar, which was introduced by Will Thomas KC.
The topic of this year’s seminar was: “The promise of advisory opinions before international courts: past, present and future.” Freshfields counsel, Alexandra van der Meulen and associate Camille Strosser moderated a panel comprised of three members of the International Law Commission, Professor Bogdan Aurescu (Professor of International Law, University of Bucharest, now a Judge-elect to the International Court of Justice), Professor Dapo Akande (Professor of Public International Law, University of Oxford), Professor Patrícia Galvão Teles (Professor of International Law, Autonomous University of Lisbon; Legal Advisor of the Portuguese Ministry of Foreign Affairs), as well as Lesther Ortega (Embassy of Guatemala in The Netherlands).
Over the course of an hour-long discussion, the speakers discussed historical and current advisory opinions before international courts and tribunals, and reflected on the potential for advisory proceedings in the future, while considering whether the current procedures for advisory opinions are fit for purpose.
In doing so, the speakers addressed several areas, including:
- the ongoing relevance of historical advisory opinion proceedings before the Permanent Court of International Justice and the International Court of Justice, today – both in terms of substance and procedure;
- potential ways in which advisory opinions can be categorised, and how categorisation can help States and international law practitioners to analyse advisory opinions and determine the procedural consequences of specific requests for advisory opinions (e.g., in relation to the presence of ad hoc judges);
- how the ongoing, concurrent requests for advisory opinions before various courts and tribunals on climate change raise issues of fragmentation – and the possibility that the courts and tribunals considering those requests may reformulate or refocus the questions before them;
- the use of advisory opinions to resolve inter-State disputes; and
- the law-making function of advisory opinions – and potential risks arising out of the over-judicialization of international law.
The Freshfields Public International Law Seminar is held every year as a side event of the Sixth Committee (Legal) of the United Nations General Assembly.
To watch a recording of the webinar, please click here.
To learn more about Freshfields’ public international law practice, please click here.
