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Published online by Cambridge University Press: 09 December 2020
Since Oscar Schachter’s articulation of the concept, scholars have attempted to better understand the ‘invisible college of international lawyers’ making up our profession. They have done this through piecemeal surveys of public professional rosters (arbitrators, International Court of Justice counsel), piecing together anecdotes of connections between members, or constructing stories about individuals’ role in discrete legal developments. Departing from these approaches, we use the obituaries published in the British Yearbook of International Law (1920–2017) to draw an interactive map of the ‘invisible college’. Obituaries are a unique window into international law’s otherwise private inner life, unveiling professional and personal connections between international lawyers and their shared career paths beyond single institutions or individual stories. Employing network analysis, a method commonly used in social sciences to describe complex social phenomena such as this, we are able to demonstrate the ubiquity of informal networks whereby ideas move, and provide evidence of the community’s homogeneity. Exploring connections between international lawyers and their shared characteristics in this novel way, we shed light on the features of this group and the potential impact individual personalities have on the law. These characteristics of the profession and its members are evident to insiders but externally invisible. Graphic representation is a powerful tool in bolstering critiques for diversity and contestation of mainstream law-making narratives. Rather than exhaustively mapping, however, we propose to take the ‘dead white men’ trope to an extreme, provoking the reader to question the self-image of the profession as an impersonal expert science.
We thank the participants to the First Network of Legal Empirical Scholars Annual Conference held in January 2018 in Copenhagen and the 27th Annual Conference of the Australian and New Zealand Society of International Law, as well as the anonymous reviewers, for their invaluable feedback. Any errors and omissions remain our own. We thank CAPES (Coordenação de Aperfeiçoamento de Pessoal de Nível Superior) for their financial support.
1 By either ignoring it completely, rejecting its importance expressly due to the lack of state involvement in its making, or downplaying its importance in current international law. See respectively G. M. Danilenko, Law-Making in the International Community (1993); G. J. H. van Hoof, Rethinking the Sources of International Law (1983), at 177; C. Parry, The Sources and Evidences of International Law (1965), at 103–8.
2 The use of the term network differs greatly from that of Anne-Marie Slaughter, who explores the extent and significance of transnational and ‘transjudicial’ networks of courts and judges. See, generally, A.-M. Slaughter, A New World Order (2004).
3 Similarly to what Boer does with her ‘quasi-ethnographic’ study in the field of concept construction in cyber-warfare law, see L. Boer, ‘International Law as We Know It: Cyberwar Discourse and the Construction of Knowledge in International Legal Scholarship’, (PhD thesis, Vrije Universiteit Amsterdam 2017). We choose ‘quasi-sociological’ here as we go about our quest to better understand the profession as lawyers, and not as sociologists; echoing Orford, we were animated here by ‘juridical thinking’, in light of our legal backgrounds and our asking of questions that will interest lawyers. See A. Orford, ‘On international legal method’, (2013) 1 London Review of International Law, at 166; J. Klabbers, ‘Whatever Happened to Gramsci? Some Reflections on New Legal Realism’, (2015) 28 Leiden Journal of International Law, at 469.
4 Although the term dedoublement fonctionnel appears in Scelle’s depiction of national courts moving between their national and international ‘hats’, here it refers to Oscar Schachter’s description of the international lawyer as performing the tasks of government adviser and independent scholar. See G. Scelle, ‘Règles générales du droit de la paix’, (1933) Recueil des cours 358, at 46, versus O. Schachter, ‘The Invisible College of International Lawyers’, (1977) 72 Northwestern University Law Review, at 218.
5 On acknowledgments as evidence of international law’s sentimental life see G. Simpson, ‘The sentimental life of international law’, (2015) 3 London Review of International Law 3. See also the fascinating article by E. Callaci, ‘History Unclassified: On Acknowledgments’, (2020) American Historical Review 1.
6 On networks of actors in specific areas of the profession using professional rosters as a source see S. Puig, ‘Social Capital in the Arbitration Market’, (2014) 25 European Journal of International Law at 387; M. Langford, D. Behn and R. Lie, ‘The Revolving Door in International Investment Arbitration’, (2017) 20 Journal of International Economic Law, at 301. On scholarship and citations see S. T. Helmersen, ‘The Use of Scholarship by the WTO Appellate Body’, 7 Goettingen Journal of International Law, at 309; L. J. M. Boer, ‘“The Greater Part of Jurisconsults”: On Consensus Claims and Their Footnotes in Legal Scholarship’, (2016) 8 Leiden Journal of International Law, at 1021. On the profession’s ‘professionals’ see M. Koskenniemi, The Gentle Civilizer of Nations: The Rise and Fall of International Law, 1870-1960 (2002); L. Obregón, ‘Noted for Dissent: The International Life of Alejandro Alvarez’, (2006) 19 Leiden Journal of International Law, at 983–1016; A. Becker Lorca, Mestizo International Law: International Law: A Global Intellectual History 1842–1933 (2015). On histories of institutions and professional bodies see, for example, G. F. Sinclair, To Reform the World: International Organisations and the Making of Modern States (2017); J. P Scarfi, The Hidden History of International Law in the Americas: Empire and Legal Networks (2017).
7 A. Orford, ‘Scientific reason and the discipline of international law’, in J. d’Aspremont et al. (eds.), International Law as a Profession (2017), at 93.
8 I. Roele, ‘The Making of International Lawyers: Winnicott’s Transitional Objects’, in J. Hohmann and D. Joyce (eds.), International Law’s Objects (2018), at 72.
9 Ibid., at 87.
10 Simpson, supra note 5, at 5.
11 Roele, supra note 8.
12 S. Villalpando, ‘The “Invisible College of International Lawyers” Forty Years Later’, ESIL Conference Paper Series (2013), at 2.
13 O. Schachter, ‘The Role of the Institute of International Law and Its Methods of Work - Today and Tomorrow’, Livre du centenaire, 1873-1973: évolution et perspectives du droit international (1973).
14 Schachter, supra note 4, at 217.
15 Villalpando makes that argument in relation to international court judgments, arguments made by counsel at these courts, and ILC materials.
16 D. Crane, ‘Social Structure in a Group of Scientists: A Test of the “Invisible College” Hypothesis’, (1969) 34 American Sociological Review, at 335–52.
17 D. J. de Solla Price, Little Science, Big Science – and Beyond (1963). See, in particular, Ch. 3. Price is generally considered the father of scientometric research.
18 J. Crawford, A. Pellet and C. Redgwell, ‘Anglo-American and Continental Traditions in Advocacy before International Courts and Tribunals’, (2013) Cambridge Journal of International and Comparative Law, at 715; Y; Dezalay and B. G. Garth, Dealing in Virtue: International Commercial Arbitration and the Construction of a Transnational Legal Order (1996). Reference must also be made to the use of the term hofmafia in P. Allott, The Health of Nations (2002), at 380. Allot, in turn, borrowed the concept from A. Wheatcroft, The Habsburgs. Embodying Empire (1995), at 248.
19 Villalpando, supra note 12, at 2. See also the prolific use of the term since Schachter’s 1970s iterations. Google Ngram Viewer, available at books.google.com/ngrams/graph?content=invisible+college+of+international+lawyers&year_start=1800&year_end=2008&corpus=15&smoothing=3&share=&direct_url=t1%3B%2Cinvisible%20college%20of%20international%20lawyers%3B%2Cc0.
20 In, S. D. Franck et al., ‘The Diversity Challenge: Exploring the “Invisible College” of International Arbitration’, (2015) 12 Transnational Dispute Management, at 429.
21 G. Hernandez, ‘The Responsibility of the International Legal Academic: Situating the Grammarian within the “Invisible College”’, in d’Aspremont et al., supra note 7. Hernández takes on Pierre-Marie Dupuy’s definition legal scholars as ‘grammarians’ of the language of international law. See ‘Cours général de droit international public’, (2002) 297 Recueil des Cours 9, at 205.
22 A. Bianchi, ‘Epistemic Communities in International Law’, Lauterpacht Centre for International Law Seminar Series, 2015, available at sms.cam.ac.uk/media/2181587.
23 M. Waibel, ‘Interpretive Communities in International Law’, in A. Bianchi, D. Peat and M. Windsor (eds.), Interpretation in International Law (2014).
24 See, for instance, the 5th ESIL Research Forum on ‘International Law as a Profession’, or the contributions in d’Aspremont et al., supra note 7.
25 M. Koskenniemi, The Gentle Civilizer of Nations: The Rise and Fall of International Law, 1870-1960 (2002).
26 Ibid., at 2.
27 See, for instance, J. Klabbers, ‘Towards a Culture of Formalism? Martti Koskenniemi and the Virtues’, (2013) 27 Temple International and Comparative Law Journal 417–36; J. Klabbers, ‘The Virtues of Expertise’, in M. Ambrus et al. (eds.), The Role of “Experts” in International and European Decision-Making Processes (2013), at 437; M. Windsor, ‘Government Legal Advisers through the Ethics Looking Glass’, in D. Feldman (ed.), Law in Politics, Politics in Law (2013), at 139; M. Windsor, ‘Consigliere or Conscience ?’, in D’Aspremont et al., supra note 7, at 355.
28 See, for instance, specifically on the lack of diversity in international arbitration, Franck et al., supra note 20. On the gender representation in international courts, N. Grossman, ‘Sex on the Bench: Do Women Judges Matter to the Legitimacy of International Courts’, (2012) 2 Chicago Journal of International Law 647–84. On the diversity of nationalities and other factors in the international bench see L. Swigart, ‘“The National Judge”: Some Reflections on Diversity in International Courts and Tribunals’, (2010) 42 McGeorge Law Review 233.
29 Some authors do not mention ‘teachings’ or the ‘invisible college’ at all – see Danilenko, supra note 1; V. D. Degan, Sources of International Law (1997). Others deny the role of ‘teachings’ expressly due to the absence of state involvement in their making, see van Hoof, supra note 1, at 176–7. Another section of the literature dismisses their importance as merely ‘grammarians’, and not influential figures in the actual content of legal norms, exemplified by H. Thirlway, The Sources of International Law (2014), at 126–7. See this view perpetuated, for instance, in the unease with which the International Law Commission addresses ‘teachings of publicists’ in its current work on the identification of customary international law in ILC, ‘Report of the International Law Commission on the work of its Sixty-eight session’ (2 May–10 June and 4 July–12 August 2016) UN Doc. A/71/10. Empirical work on the use of scholarship in international adjudication appears sometimes to hold a more balanced judgment: see O. Fauchald, ‘The Legal Reasoning of ICSID Tribunals – An Empirical Analysis’, (2008) 19 European Journal of International Law 301; Helmersen, supra note 6.
30 B. Kingsbury, ‘Legal Positivism as Normative Politics: International Society, Balance of Power and Lassa Oppenheim’s Positive International Law’, European Journal of International Law 401–36, at 428.
31 M. Wood, ‘Teachings of the Most Highly Qualified Publicists (Art. 38(1) ICJ Statute)’, MPEPIL, 2010, available at opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e1480.
32 F. Berman and M. Wood, ‘Sir Ian Sinclair, KCMG, QC (1926-2013)’, (2013) 83 BYIL 1–12.
33 Wood, supra note 31, at 18–19.
34 Citing a letter written by H. Fox, F. Berman and M. Wood, supra note 32, at 4.
35 See Koskenniemi, supra note 25; A. Lang and S. Marks, ‘People with Projects: Writing the Lives of International Lawyers’, (2013) Temple International and Comparative Law Journal 437; M. García-Salmones Rovira, The Project of Positivism in International Law (2013), at viii; O. Hathaway and S. Shapiro, The Internationalists: How a Radical Plan to Outlaw War Remade the World (2017).
36 On the ‘international bar’ see J. Crawford, ‘The International Law Bar: Essence before Existence?’, (2013) 3 ESIL Conference Paper Series 1–12. On the ethics of legal advisers see M. Windsor, ‘Consigliere or Consicence? The Role of the Government Legal Adviser’, in d’Aspremont, et al.,supra note 7.
37 On such a lack of diversity see, inter alia, S. P. Kumar and C. Rose, ‘A Study of Lawyers Appearing before the International Court of Justice, 1999–2012’, (2014) 25 European Journal of International Law, at 893; N. Grossman, ‘Achieving Sex-Representative International Court Benches’, (2016) American Journal of International Law 11082–95.
38 N. Starck, ‘Death Can Make a Difference: A Comparative Study of “Quality Quartet” Obituary Practice’, (2008) 9 Journalism Studies 911–24.
39 Simpson, supra note 5. See also the remarkable work on acknowledgements and history by Callaci, supra note 5.
40 N. Starck, ‘Death Can Make a Difference: A Comparative Study of “Quality Quartet” Obituary Practice’ (2008) 9 Journalism Studies 911; B. Fowler, ‘Collective Memory and Forgetting: Components for a Study of Obituaries’, (2005) 22 Theory, Culture & Society 53–72.
41 And sometimes professional enmity, see on the infamous rivalry between G. Schwarzenberger and H. Lauterpacht: M. Mendelson, ‘Professor Georg Schwarzenberger (1908-1991)’, (1992) 63 BYIL xxii.
42 Sometimes very candidly – see John Fischer Williams’ account of Lord Phillimore ‘from 1868 to 1897 he had a successful but not strikingly brilliant career at the Bar’. See Williams, ‘Lord Phillimore’, (1929) 10 BYIL 197, at 198. Another example is Schwarzenberger’s difficult personality, addressed in a tone more honest than one might expect. Similarly, Sir Francis Vallat is described as ‘not, it is said, a very “hands-on” Legal Adviser’.
43 J. Crawford, ‘Sir Derek Bowett (1927–2009)’, (2010) 80 BYIL 1–9.
44 M. Mendelson, ‘Sir Francis Vallat GBE, KCMG, QC (1912–2008)’, (2009) 79 BYIL 3–6, at 4.
45 I. Scobbie et al., ‘Professor Gillian White (1936–2016)’, (2017) 86 BYIL 1–5, at 4.
46 Even though obituaries often also reveal much about substantive contributions.
47 A. L. Barabási, Network Science (2016), at 334.
48 J. Scott, ‘Social Network Analysis’, (1988) 22 Sociology 109–27.
49 A. Laszlo Barabasi and J. Frangos, Linked: How Everything Is Connected to Everything Else and What It Means for Business, Science, and Everyday Life (2014), at 63.
50 Puig, supra note 6, at 424; Langford et al., supra note 6.
51 S. T. Helmersen, ‘Finding “the Most Highly Qualified Publicists”: Lessons from the International Court of Justice’, (2019) 30 European Journal of International Law 509–35.
52 Boer, supra note 6.
53 See, for example, the project undertaken by the New York Times, when stating ‘who gets remembered—and how—inherently involves judgment. To look back at the obituary archives can, therefore, be a stark lesson in how society valued various achievements and achievers’: A. Padnani and J. Bennet, ‘Overlooked’, New York Times, 8 March 2018, available at www.nytimes.com/interactive/2018/obituaries/overlooked.html.
54 See below, Section 3.3.
55 See, on intellectual histories of international lawyers in the periphery, Obregón, supra note 6, at 983–1016; Becker Lorca, supra note 6.
56 Both Morgenstern and Bastid were eminent jurists and some of the earliest and most accomplished women international lawyers of their generation; for anyone dedicated to the study of diversity in the international legal profession their names stand to reason. Morgenstern wrote one of the earliest books on international organisations law (Legal Problems of International Organisations, 1986), was a member of the BYIL’s editorial board, and wrote the ILO portion of Sir Clarence Wilfred Jenks’ obituary, but her own obituary was not featured in the publication. Bastid was the daughter of Jules Basdevant, member of the Advisory Committee of Jurists drafting the ICJ Statute, PCIJ and ICJ judge. She was also the first woman to act as a Judge at the International Court of Justice as judge ad hoc for Tunisia in Application for Revision and Interpretation of the Judgment of 24 February 1982 in the Case Concerning the Continental Shelf (Tunisia/Libyan Arab Jamahiriya) (Tunisia v. Libyan Arab Jamahiriya). The upcoming book edited by Immi Tallgren – Portraits of Women in International Law: New Names and Forgotten Faces? – will do important work on mapping out women’s participation and its politics.
57 E. A. Whittuck, ‘Professor Oppenheim’, (1920) 1 BYIL 1.
58 A. Rolin, ‘Paul Fauchille et l’Institut de Droit International’, (1926) RGDIP; A. de Lapradelle, ‘Paul Fauchille (1858–1926) Sa Vie. - Son Oeuvre’, (1926) RGDIP; Dollot, ‘Paul Fauchille, Historien’, RGDIP; J. P. Palewski, ‘Nécrologie: Joseph de Blociszewski’, RGDIP (1929); M. Duquesne, ‘Maurice Moncharville’, RGDIP (1941) I; J. Teyssaire, ‘Elihu Root’, (1928) RGDIP; N. Krawtchenko, ‘Un Précurseur Du Droit International Ouvrier - Daniel LeGrand (1783-1859)’, (1910) RGDIP 737.
59 For example, the series of substantive delves into the practice of specific lawyers, such as that dedicated to Lauterpacht: C. W. Jenks, ‘Hersch Lauterpacht: The Scholar as a Prophet’, (1954) BYIL 1; Sir G. Fitzmaurice, ‘Hersch Lauterpacht - The Scholar as a Judge. Part I’, (1961) 37 BYIL 1; Sir G. Fitzmaurice, ‘Hersch Lauterpacht - The Scholar as a Judge. Part II’, (1962) 38 BYIL 1; Sir G. Fitzmaurice, ‘Hersch Lauterpacht - The Scholar as a Judge. Part III’, (1963) 39 BYIL 133.
60 Its publication was only interrupted between 1939 and 1944 during the Second World War, H. Lauterpacht, ‘Resumption of the Publication of the BYIL’, (1944) 21 BYIL iii.
61 The Revue Générale de Droit International Public et Comparé has published some obituaries, but neither consistently nor abundantly. On the history of international law journals see I. de la Rasilla, ‘A Very Short History of International Law Journals (1869-2018)’, (2018) 29 European Journal of International Law 137–68.
62 M. R. Madsen, ‘Who Rules the World? The Educational Capital of the International Judiciary’, (2018) University of California Journal of International, Transnational, and Comparative Law 1–29, at 20. C. Brown, A Common Law of International Adjudication (2009), at 230.
63 On diversity at the international arbitration and the ICJ bar see van Aaken, in Franck et al., supra note 20; Kumar and Rose, supra note 37, at 893.
64 Roele, supra note 8.
65 The dataset only comprises shorter obituaries, excluding larger biographical works such as the extensive works of Sir G. Fitzmaurice on Sir H. Lauterpacht. Fitzmaurice (1961), supra note 59; Fitzmaurice (1962), supra note 59; Fitzmaurice (1963), supra note 59.
66 Schachter, supra note 4, at 218.
67 S. Merry, The Seduction of Quantification (2016). See also Klabbers, supra note 3.
68 J. Scott, Social Network Analysis (2017).
69 J. H. Fowler and S. Jeon, ‘The Authority of Supreme Court Precedent’, (2008) 30 Social Networks 16; T. Neale, ‘Citation Analysis of Canadian Case Law’, (2013) 1 Journal of Open Access to Law, at 1; M. Derlén and J. Lindholm, ‘Goodbye van Gend En Loos, Hello Bosman? Using Network Analysis to Measure the Importance of Individual CJEU Judgments’, (2014) 20 ELJ, at 667; M. Derlén and J. Lindholm, ‘Is It Good Law? Network Analysis and the CJEU’s Internal Market Jurisprudence’, (2017) 20 JIEL, at 257; W. Alschner and D. Charlotin, ‘The Growing Complexity of the International Court of Justice’s Self-Citation Network’, (2018) 29 European Journal of International Law, at 83; N. Ridi, ‘The Shape and Structure of the “Usable Past”: An Empirical Analysis of the Use of Precedent in International Adjudication’, (2019) 10 Journal of International Dispute Settlement 200–47; N. Ridi, ‘Approaches to External Precedent: Invocation of International Decisions in Investment Arbitration and WTO Dispute Settlement’, in D. Behn, M. Langford and S. Gáspár-Szilágyi (eds.), Adjudicating Trade and Investment Law: Convergence or Divergence? (2018) (in press, on file with the authors).
70 Puig, supra note 6, at 387.
71 Langford et al., supra note 6, at 301.
72 On ‘invisible colleges’ specifically: G. S. McMillan and D. L. Casey, ‘Research Note: Identifying the Invisible Colleges of the British Journal of Industrial Relations: A Bibliometric and Social Network Approach’, (2007) 45 British Journal of Industrial Relations 815; S. R. Urs and M. Sharma, ‘Making the Invisible Visible through Social Network Analysis’ (2010); A. Zuccala, ‘Modeling the Invisible College’, (2006) 57 Journal of the Association for Information Science and Technology 152. On SNA and professional networks more generally: T. A. Lee, ‘A Social Network Analysis of the Founders of Institutionalized Public Accountancy’, (2000) 27 Accounting Historians Journal 1; W. L. McKether, ‘Revealing Social Networks In Qualitative Data: An Approach For Increasing Analytic Firepower In Qualitative Data Analysis’, (2008) Journal of ethnographic & qualitative research 2; A. Dhand, J. Harp and S. P. Borgatti, ‘Leadership in Neurology: A Social Network Analysis’, (2014) 75 Annals of Neurology 342; S. McAndrew and M. Everett, ‘Music as Collective Invention: A Social Network Analysis of Composers’, (2015) 9 Cultural Sociology 56.
73 It would have been possible to use distinct columns for every profession, as well as Boolean variables (the possible values amounting to either ‘true’ or ‘false’) to log the various affiliations and professional characteristics. However, the comparatively scarce diversity of the international legal profession represents a finding of this study, rather than a premise. Moreover, reliance on the advanced filtering capabilities of NodeXL made one such exercise rather pointless.
74 The column names could have been different and more expressive, but are just a consequence of the requirements for data import within the software Gephi.
75 M. Bastian, S. Heymann and M. Jacomy, ‘Gephi: An Open Source Software for Exploring and Manipulating Networks’, (2009) 8 International Conference on Web and Social Media Papers 361.
76 M. Smith et al., ‘NodeXL: a free and open network overview, discovery and exploration add-in for Excel 2007/2010/2013/2016’, Social Media Research Foundation, 2010, available at www.smrfoundation.org/research/publications/.
77 P. Shannon et al., ‘Cytoscape: A Software Environment for Integrated Models of Biomolecular Interaction Networks’, (2003) 13 Genome research 2498–504.
78 I. A. Apostolato, ‘An Overview of Software Applications for Social Network Analysis’, (2013) 3 International Review of Social Research 71–7.
79 Simply put, the use of the Excel filtering features greatly streamlined the filtering process of nodes having more than one attribute. As this choice worked well in practice, it has not been necessary to use more sophisticated techniques, such as using Boolean data type (true or false) for each and every potential attribute.
80 An interactive version of this graph is available here: bit.ly/2WzW4IU.
81 I. Nitobé, ‘Sakuyé Takahashi’, (1921) 2 BYIL 210.
82 See more on Takahashi in Becker Lorca, supra note 6.
83 A. Roberts, Is International Law International? (2017).
84 They also show the ubiquity of informal networks, revealing the highways along which ideas travel within this community of lawyers. Although it is beyond the scope of this article to make causal claims of how ideas travel within the community, sociological works referred to above show how the connections between professionals can illuminate certain patterns. Saying networks suggest pathways for the movement of ideas is not to say that they necessarily promote their substantial homogeneity. One need only to think that one of the thickest edges and strongest connections is between Lord Arnold McNair and Sir Hersch Lauterpacht, both of whom worked on the Law of Treaties though espousing diametrically opposing views on certain issues, or that Sir Derek Bowett and Sir Ian Brownlie had parallel professional lives and were deeply connected but reached opposite conclusions on the use of force. Concepts and personal positions may be influenced by strengthening opposition as well as convergence. This is why quantitative work such as ours must be read as supplementing other mapping efforts that employ more traditional sources, such as professional rosters, and citation analysis, as well as qualitative studies that look at the content of certain professional contributions, such as critical histories of the profession and of formal and informal international institutions. On this point see Sinclair, supra note 6; Scarfi, supra note 6.
85 On Admiralty Courts/Ecclesiastical Courts and international law practiced by civil lawyers in the UK see J. Crawford, ‘Public International Law in Twentieth-Century England’, in J. Beatson and R. Zimmermann (eds.), Jurists Uprooted: German-Speaking Emigré Lawyers in Twentieth Century Britain (2004), at 685–6.
86 C. W. Jenks, ‘Baron Édouard Rolin Jaequemyns’, (1937) 18 BYIL, at 156.
87 See E. Lauterpacht, The Life of Sir Hersch Lauterpacht, QC, FBA, LLD (2012).
88 See A. Cassese, Five Masters of International Law: Conversations with R-J Dupuy, E. Jimenez de Arechaga, R. Jennings, L. Henkin, and O. Schachter (2011).
89 Rene-Jean and Pierre-Marie have also acted together as counsel: see, for instance, Case Concerning the Frontier Dispute (Burkina Faso/Republic of Mali). See Frontier Dispute, Judgment, 22 December 1986, [1986] ICJ Rep. 554, at 556.
90 See D. Akande, ‘Which ICJ Judges or ICJ ad hoc judge have been the child of an ICJ Judge or ICJ ad hoc Judge?’, EJIL:Talk!, 23 December 2011, available at www.ejiltalk.org/another-question-on-icj-judges/comment-page-1/.
91 A. P. Higgins and J. L. Brierly, ‘Edward Arthur Whittuck’, (1924) 1 BYIL 1–3.
92 Ibid.
93 L. Oppenheim, International Law (1921), vol. 1.
94 On his role in the development of the discipline see Kingsbury, supra note 30; García-Salmones Rovira, supra note 35; W. M. Reisman, ‘Lassa Oppenheim’s Nine Lives’, (1994) 19 Yale Journal of International Law, at 255.
95 A. Nussbaum, A Concise History of the Law of Nations (1947), at 277.
96 Ibid.
97 Who, in turn, had replaced Oppenheim.
98 The UK’s last judge at the PCIJ was Sir Cecil Hurst, and Lord McNair wrote his BYIL obituary, see Lord A. D. McNair, ‘Sir Cecil James Barrington Hurst, G.C.M.G., K.C.B., Q.C., L.L.D.’, (1962) 38 BYIL.
99 McNair also inspired the international law careers of Wilfred Jenks and published alongside Derek Bowett and Arthur Watts. See Sir H. Waldock, Sir R. Y. Jennings and F. Morgenstern, ‘Clarence Wilfred Jenks’, (1972) 46 BYIL, at xi; Crawford, supra note 43; E. Lauterpacht, ‘Sir Arthur Watts (1931–2007)’, (2008) 78 BYIL 7.
100 R. Y Jennings, ‘Hersch Lauterpacht: A Personal Recollection’, (1997) 8 European Journal of International Law 301.
101 Ibid., at 301.
102 Ibid., at 301–4.
103 Ibid.
104 See his obituary of McNair published in the BYIL: G. Fitzmaurice, ‘Arnold Duncan Lord McNair of Gleniffer’, (1976) 47 BYIL xi; Jennings, supra note 100, at 302.
105 Fitzmaurice (1961), supra note 59; Fitzmaurice (1962), supra note 59; Fitzmaurice (1963), supra note 59; G. Fitzmaurice, ‘Hersch Lauterpacht and His Attitude to the Judicial Function’, (1980) 50 BYIL 1.
106 This is not the only alternation in their careers – he followed Fitzmaurice at the ILC, concluding his colleague’s work on the Law of Treaties that led to the adoption of the VCLT.
107 See Sir Elihu Lauterpacht’s recollection, L. Dingle, ‘Sixth Interview (2 April 2008): Sir Eli’s Recollections of Some Legal Personalities’, (2008, available at www.squire.law.cam.ac.uk/eminent-scholars-archiveprofessor-sir-elihu-lauterpachtconversations-professor-sir-eli-lauterpacht-0.
108 R. Higgins, ‘Sir Robert Yewdall Jennings’, (2005) 74 BYIL 1.
109 See L. Dingle and D. Bates, ‘Dame Rosalyn Higgins Interview (14 March 2014)’, Eminent Scholars Archive, 14 March 2014, available at www.squire.law.cam.ac.uk/eminent-scholars-archivedame-rosalyn-higgins/conversation-dame-rosalyn-higgins.
110 J. Crawford, supra note 43.
111 Crawford also mentions Bowett’s professional Cambridge relationship with other academic/practitioners at the time he held the Whewell Chair, namely Clive Parry, Eli Lauterpacht, Philip Allott, Christopher Greenwood, Vaughan Lowe, John Collier, John and Cherry Hopkins, and Geoffrey Marston.
112 Biography formerly published on International Court of Justice website, on file with the authors. He was also instructed in cases such as Pinochet (No. 1) (2000) 1 AC 147 and Pinochet (No. 3) (2000) 1 AC 147 (House of Lords) and Jones v. Saudi Arabia (2007) 1 AC 270 (House of Lords) before being elected to the ICJ.
113 See International Court of Justice, ‘Judge James Richard Crawford’s Biography’, 2015, available at www.icj-cij.org/public/files/members-of-the-court-biographies/crawford_en.pdf.
114 This is supported by the inquiry made into one specific professional role making up the ‘invisible college’ cited above: Madsen, supra note 62.
115 Hilary Charlesworth and Christine Chinkin have started the debate in an article-turned-book that they recently described as international law’s most glorified footnote in H. Charlesworth and C. Chinkin, The Boundaries of International Law: A Feminist Analysis (2000).
116 On international judges see Grossman, supra note 28. On the ECtHR, see S. H. Vauchez, ‘More women – but which women? The rule and the politics of gender balance at the European Court of Human Rights’, (2015) 27 European Journal of International Law 195. See, on diversity of international practice inclusive of gender, van Aaken, in Franck et al., supra note 20; Kumar and Rose, supra note 37, at 25 (discussing the composition and gender distribution in international arbitration and ICJ representation, respectively).
117 Mendelson, supra note 44.
118 F. Vallat, ‘Miss Joyce Gutteridge, CBE (1906–1992)’, (1992) BYIL, xiv, at xv (emphasis added).
119 I. Scobbie, J. d’Aspremont and Y. N. Hodu, ‘Professor Gillian White (1936–2016)’, (2017) 86 BYIL 1.
120 Ibid., at 2.
121 Higgins, supra note 108, at 4.
122 Roberto Ago; Sir Gerald Fitzmaurice; Sir Humphrey Waldock.
123 J. Mervyn Jones; Joyce Gutteridge; Lassa Oppenheim; Sir Arthur Watts; Sir Cecil Hurst; Sir Christopher Greenwood; Sir Eric Beckett; Sir Frank Berman; Sir Gerald Fitzmaurice; Sir Ian Sinclair; Sir John Fischer-Williams; Sir John Freeland; Sir Kenneth Bailey; Sir Michael Wood; W. R. Bisschop.
124 Charles Henry Alexandrowicz; D.P. OConnell; Dame Hazel Fox; Dame Rosalyn Higgins; Guenter Heinz Treitel; J. H. C. Morris; John Collier; John Hopkins; John Westlake; Kenneth Simmonds; Lassa Oppenheim; Lord Arnold McNair; Maurice Mendelson; Norman S. Marsh; Peter Carter; Peter North; Philippe Sands; R. H. Graveson; Sir Christopher Greenwood; Sir Elihu Lauterpacht; Sir Erle Richards; Sir Frank Berman; Sir Hersch Lauterpacht; Sir Humphrey Waldock; Sir Ian Brownlie; Sir Ian Sinclair; Sir John Freeland; Sir Robert Yewdall Jennings; Vaughan Lowe; Gillian White.
125 The obituaries of non-British international lawyers amount to 13 in total: H. H. L. Bellot, ‘Obituary - Maître Clunet’, (1923) 4 BYIL 187; ‘Dr. Mendelssohn-Bartholdy’, (1937) 18 BYIL 158; Jenks, supra note 86; Waldock, ‘Judge Lauterpacht’, (1959) 35 BYIL vii; Jenks, supra note 58; M. Picciotto, ‘Dr. Pitt Cobbett’, (1920) 1 BYIL, at 235; Nitobé, supra note 81; Whittuck, supra note 57; Lord A. McNair, ‘Professor Manley Ottmer Hudson’, (1961) 37 BYIL 476; W. A. Steiner, ‘Charles Henry Alexandrowicz 1902–1975’, (1975) 47 BYIL 269; W. Van Eysinga, ‘Obituary - Walther Schucking’, (1937) 18 BYIL 155; W. R. Bisschop, ‘Ernest Nys’, (1921) 2 BYIL 205; W. R. Bisschop, ‘Georges Francis Hagerup’, (1921) 2 BYIL 207.
126 Waldock, ibid.
127 Whittuck, supra note 57.
128 Bisschop, ‘Georges Francis Hagerup’, supra note 125; Bisschop, ‘Ernest Nys’, supra note 125; Eysinga, supra note 127.
129 Jenks, supra note 86.
130 Jenks supra note 59.
131 Lord McNair, supra note 125.
132 Two US citizens, one Australian, and one Japanese: Elihu Root, Manley O. Hudson, D. P. O’Connell, Sakuyé Takahashi.
133 Which supports findings such as Dezalay and Dezalay’s about the changes in the make-up of the international law profession over time in S. Dezalay and Y. Dezalay, ‘Professionals of International Justice: From the Shadow of State Diplomacy to the Pull of the Market for Commercial Arbitration’, in d’Aspremont et al., supra note 7).
134 As reported in Dezalay and Garth, supra note 18.
135 M. Koskenniemi, ‘Between Commitment and Cynicism: Outline for a Theory of International Law as Practice’, Collection of Essays by Legal Advisers of States, Legal Advisers of States, Legal Advisers of International Organisations and Practitioners in the Field of International Law (1999), at 523.
136 Schachter, supra note 4, at 219.
