Friday Lecture: 'The 'Common Law Method': British Approaches to the Development of International Law' - Dr Devika Hovell, LSE

LCIL International Law Seminar Series

Lecture summary: For better or for worse, the ‘English school’ or ‘British tradition’ of international law has eluded systematization or definition. The lecture pursues the argument that it is possible to identify clear synergies in the mainstream legal method of British international lawyers, focusing on British approaches to the doctrine of self-defence. It should not be surprising that this method follows in the common law tradition, displaying the tradition's three key hallmarks of (1) connection to social practice, (2) focus on courts and (3) an anti-theoretical tendency. Identity and analysis of these characteristics helps us to understand the distinctive contribution of British approaches to international law and the work this 'common law method' has done in strengthening and shaping international law. Identifying these characteristics is also important in order to understand the more problematic implications of their application in the international legal context. The common law method has consequences for the structure and direction of the international legal system, including the parameters of its community, the site of its authority and the role of theory in its development. Reflection on these strengths and weaknesses helps us better understand British contributions to international law. Paradoxically, the route to a more universal international law requires us first to understand the ways in which it is plural. Devika Hovell is an Associate Professor in Public International Law at the London School of Economics. She holds a doctorate from the University of Oxford, a Master of Laws from New York University and an Arts/Law degree from the University of Western Australia. She served as Associate to Justice Kenneth Hayne at the High Court of Australia, and as judicial clerk at the International Court of Justice in the Hague, before starting her academic career at the University of New South Wales. She joined the London School of Economics in 2012. She is author of The Power of Process (edited by Oxford University Press) and has published articles in a range of journals, including the American Journal of International Law, the European Journal of International Law, the Leiden Journal of International Law and the Modern Law Review. The article the subject of this lecture will be published in the centennial volume of the British Yearbook of International Law. She is on the Editorial Board of the European Journal of International Law and is one of four editors of the international law blog, EJIL Talk!.