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Scholarly Writings As a Source Of Cambridge Journal of International and Comparative Law Publication Copyright and open-access policy The Cambridge Journal of International The CJICL is an open-access publication gov- and Comparative Law is an open- erned by our publishing and licensing agree- access publication available online at ment. Any commercial use and any form of <http://www.cjicl.org.uk>. Hardcopies can republication of material in the Journal is sub- be ordered on request. Each volume consists of two or more main issues and a special is- ject to the express permission of the Editors sue examining the jurisprudence of the UK in Chief. Supreme Court. Contact information Editorial Policy Cambridge Journal of International and Com- All submissions are subject to a double-blind parative Law peer-review editorial process by our Aca- Faculty of law, 10 West Road demic Review Board and/or our Editorial Team. Cambridge, CB3 9DZ United Kingdom Submissions The journal accepts the following types of E-mail: [email protected] manuscript: Web: http://www.cjicl.org.uk (i) Long Articles between 6,000 and 10,000 words but not exceeding 10,000 words in- Typeset in Crimson and Gentium Book Basic, cluding footnotes; distributed under the terms of the SIL Open Font (ii) Short Articles not exceeding 5,000 words including footnotes; license, available at <http://scripts.sil.org/OFL>. (iii) Case Notes not exceeding 3000 words in- cluding footnotes; and (iv) Book Reviews not exceeding 2500 words including footnotes. Please visit our website for submission dead- lines. ISSN 2050-1706 (Print) ISSN 2050-1714 (Online) © 2012 Cambridge Journal of International and Comparative Law and Contributors This volume should be cited as (2012) 1(3) C.J.I.C.L. http://www.cjicl.org.uk i Editorial Board 2011-12 Editors-in-Chief AndrewSanger RumianaYotova Managing Editors FernandoLusaBordin SamuelDahan LorneNeudorf SidneyRichards Claire Simmonds Secretary and Treasurer Yin Harn Lee Editors JastineBarrett NaomiBurke AnnaCowan BartSmitDuijzentkunst CallistaHarris CameronMiles RobinMorris JasmineMoussa GeraldoVidigalNeto ZenaProdromou JamieTrinidad ShonaWilson ii Academic Review Board Honorary Member and Senior Treasurer PROFESSOR JAMES CRAWFORD SC LLD, Whewell Professor of International Law at the University of Cambridge and Barrister at Matrix Chambers Members PROFESSOR GEERT DE BAERE, Assistant DR MATTHEW DYSON, College Lecturer in Professor at Katholieke Universiteit Leuven Law at Trinity College, University of Cam- bridge PROFESSOR FREYA BAETENS, Assistant Professor at Leiden University DR MARKUS GEHRING, University Lec- turer, Deputy Director, Centre for European DR JOHN BARKER, Fellow of the Lauter- Legal Studies and Tutor in Sustainable De- pacht Centre for International Law and Fel- velopment Law, Faculty of Law, University of low of Hughes Hall Cambridge; ad personam Jean Monnet Chair, Faculty of Law, University of Ottawa, Canada; PROFESSOR CATHERINE BARNARD, Pro- Aff. Lecturer in European and International fessor and Jean Monnet Chair of European Law, Department of Politics and International Union Law at the University of Cambridge, Studies; and Fellow in Law and Graduate Tu- Co-director of the Centre for European Legal tor, Robinson College, University of Cam- Studies and Fellow of Trinity College bridge DR LORAND BARTELS, University Senior DR JOANNA GOMULA-CRAWFORD, Af- Lecturer, University of Cambridge and Fel- filiated Lecturer, Faculty of Law at the Uni- low of Trinity Hall versity of Cambridge PROFESSOR JOHN BELL, Professor of Law DR TOM GRANT, Research Fellow, Lauter- at the University of Cambridge, Fellow of pachtCentreforInternationalLawandFellow Pembroke College and Editor of the Cam- of Wolfson College bridge Law Journal PROFESSOR CHRISTINE GRAY, Professor DR ANTHONY CULLEN, Research Fellow ofInternationalLawattheUniversityofCam- inInternationalLawattheUniversityofLeeds bridge and Fellow of Trinity College PROFESSOR ZACHARY DOUGLAS, Asso- DR DOUGLAS GUILFOYLE, Reader at Uni- ciate Professor at the Graduate Institute in versity College London Geneva and Barrister at Matrix Chambers iii DR GLEIDER I HERNÁNDEZ, Lecturer at DR SOLÈNE ROWAN, Lecturer at the Lon- the University of Durham don School of Economics DR JESSIE HOHMANN, Lecturer at Queen PROFESSOR PHILIPPE SANDS QC, Pro- Mary, University of London fessor of Law at University College London and Barrister at Matrix Chambers DR DANIEL JOYCE, Lecturer at the Univer- sity of New South Wales MR DANIEL SAXON, Visiting PRofessor at the University of Utrecht, York Distinguished DR FRANCESCO MESSINEO, Clerk at the Visiting Fellow, University of Cambridge and International Court of Justice Visiting Fellow, Wolfson College DR MARKO MILANOVIC, Lecturer at the DR ANAT SCOLNICOV, Fellow and College University of Nottingham Lecturer in Law at Lucy Cavendish College, University of Cambridge and Deputy Direc- DR ALEX MILLS, Lecturer at University Col- tor of the Centre for Public Law lege London DR JILLAINE SEYMOUR, Fellow and Col- DR EVA NANOPOULOS, Fellow, King's Col- lege Lecturer in Law, Sidney Sussex College, lege, Cambridge University of Cambridge MS PENELOPE NEVILL, Tutor at King's PROFESSOR MALCOLM SHAW QC, Pro- College London and Barrister, 20 Essex Street fessor of International Law, Senior Fellow of the Lauterpacht Centre for International Law DR SARAH NOUWEN, University Lecturer, and Barrister at Essex Court Chambers University of Cambridge and Fellow of Pem- broke College MS MARIE-CLAIRE CORDONIER SEG- GER, Visiting Professor at the University of DR ROGER O'KEEFE, University Senior Chile, Affiliated Fellow of the Lauterpacht Lecturer at the University of Cambridge and Centre for International law, and Director of Deputy Director, Lauterpacht Centre for In- the Centre for International Sustainable De- ternational Law velopment Law DR TIINA PAJUSTE, Research Associate at PROFESSOR JOHN SPENCER QC LLD, the Lauterpacht Centre for International Law Professor of Law, Co-director of CELS, Uni- versity of Cambridge and Fellow of Selwyn DR KATE PARLETT, Associate, Freshfields College Bruckhaus Deringer, Paris MR CHRISTOPHER THOMAS, Lecturer in Law at the London School of Economics and Political Science iv DR KIMBERLEY TRAPP, Lecturer, Univer- PROFESSOR GUGLIELMO VERDIRAME, sity College of London Professor of Law at King's College, University of London DR SOPHIE TURENNE, Neil Allam/Clifford Chance Lecturer in Law, University of Cam- DR MICHAEL WAIBEL, University Lecturer bridge and College Lecturer, Murray Edwards College at the University of Cambridge and Fellow of Jesus College DR ISABELLE VAN DAMME, Visiting Lecturer, University of Cambridge and DRRALPHWILDE,ReaderatUniversityCol- Référendaire, Court of Justice of the Euro- lege London pean Union v Volume 1 C.J.I.C.L. [2012] Issue 3 Conference Issue: Agents of Change: The Individual as a Participant in the Legal Process Table of Contents Foreword 1 James Crawford Editors' Introduction 2 Andrew Sanger and Rumiana Yotova Keynote Address Introductory Remarks 6 Elihu Lauterpacht The Historical Recovery of the Human Person as Subject of the 8 Law Of Nations Antônio Augusto Cançado Trindade Conference Papers The Individual and Structural Change in the International 60 Legal System Kate Parlett Somali Pirates as Agents of Change in International 81 Law–making and Organisation Douglas Guilfoyle The Law of the Peacemaker: The Role of Mediators in Peace 107 Negotiations and Lawmaking Cindy Daase Scholarly Writings as a Source of Law: A Survey of the Use of 136 Doctrine by the International Court of Justice Michael Peil The Right of Individuals to Take Judicial Action Against 162 International Persons: The Case of NATO's Intervention in Libya Mohamad Ghazi Janaby and Khaled Ramadan Bashir vi Impartiality and Bias at the International Court of Justice 183 Gleider I. Hernández The Amicus Curiae in Investor-State Arbitration 208 Lucas Bastin Civil Procedure in Public Interest Litigation: Tradition, 235 Collaboration and the Managerial Judge James Fowkes NGOs, the Judiciary and Rights in Bangladesh: Just Another 254 Face of Partisan Politics? Adeeba Aziz Khan Agents of Change: Academics and the Spirit of Debate at 275 International Conferences Aoife O’Donoghue From Access to Justice—Book Review of Judge Cançado 298 Trindade's The Access of Individuals to International Justice, Oxford University Press 2011 Bart L. Smit Duijzentkunst vii DOI: 10.7574/cjicl.01.03.64 Cambridge Journal of International and Comparative Law (1)3: 1 (2012) Foreword Professor James Crawford SC* Student-run journals are by no means the feature on the UK legal scene that they are in the US, and there is room for the view that this is no bad thing. On the other hand the energy, drive and organizational skill of the editors and their committee have been remarkable, as evidenced by the contributions here. They have added something—with elan and vitality—to international law at Cambridge. As to the theme of the Conference, discussion on the relations between the individual and international law more often than not focuses on whether the individual is a ‘subject’ or an ‘object’ of the international legal system. The re- lationship between the individual and international law is more complex than this (not necessarily helpful) inquiry suggests, however. The individual inter- acts with international law as judge, as scholar, as participant in adjudicative proceedings, as negotiator of international agreements and in many other ca- pacities. The contributions in this issue of the Cambridge Journal of International and
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