I Wonder: Whose Story Gets Told in International Law?

Speaker(s):

Emma Nyhan, University of Manchester

Abstract:

In this lightning talk, I explore how methodological choices shape the narratives we construct in international law - and how more inclusive approaches might help amplify marginalised voices. Using Australia’s engagement with the International Court of Justice (ICJ) during the 1996 nuclear weapons advisory proceedings as a case study, I draw on archival research to examine its support for a preliminary objections’ procedure - an approach shared only with France. This move, often seen as a legal technicality, also functioned as a narrative strategy, which influenced the outcome of the case and how it has been remembered in legal scholarship. Through a combination of archival research, critical legal studies, and discourse analysis, I trace how procedural arguments and dominant narratives elevated certain state voices - particularly those of Australia, France, the UK, and Japan - while sidelining or silencing others, such as the Marshall Islands. This talk invites reflection: What kinds of stories do dominant legal methodologies allow us to tell, and which ones do they leave out? And how might we develop more inclusive, critical approaches to international law - approaches that engage not only with its narratives, but also with its silences and absences?