This Article assesses the extent of inequality and marginalization in the making of international law. It examines whether there is equal contribution, and equal opportunity for contribution, in the making of international law by and for all States. In particular, the Article ponders whether the Global South is marginalized in law-making processes, or, put another way, whether the Global North is privileged. The Article evaluates whether there is equitable representation in international law-making bodies, and it focuses on the two most prominent ones, namely the International Court of Justice and the International Law Commission. The assessment addresses both the formal requirements of representation and the actual practices within both bodies.
Representation, Inequality, Marginalization, and International Law-Making: The Case of the International Court of Justice and the International Law Commission,
UC Irvine Journal of International, Transnational, and Comparative Law
Available at: https://scholarship.law.uci.edu/ucijil/vol7/iss1/4