Author Image

Dr James Devaney is Lecturer in Law and Programme Convenor of the LLM in International Law at the University of Glasgow. He is also a qualified lawyer, being a member of the Bar of the State of New York. He has studied law at the European University Institute in Florence, Italy (PhD 2015, LLM 2012), the University of Glasgow (LLM (distinction) 2010) and the University of Strathclyde (LL.B (Hons) 2009). He has previously been a visiting scholar at the Lauterpacht Centre for International Law at the University of Cambridge, the University of Sydney, and been a fellow of the Berlin Potsdam Research Group “International Law – Rise or Decline?”

His research interests are varied and he has published on a range of areas of international law. His monograph, ‘Fact-Finding Before the International Court of Justice’, which focusses on the use of evidence before international courts and tribunals including the adjudicative bodies of the WTO and inter-State arbitration, was published by Cambridge University Press in 2016, and nominated for the Peter Birks Book Prize for Outstanding Legal Scholarship in 2017. He is a member of the International Law Association Committee on the Procedure of International Courts and Tribunals.

Publications

What Happens Next? The Law of State Succession

Read more about this publication

In this chapter, however, I consider what happens next. In other words, I will discuss the law of state succession. The chapter will proceed as follows. First, I provide a brief overview of the development and central tenets of the law of succession. Just like the creation of states, the law of state succession is a fundamental, foundational part of international law. When instances of state succession occur, in whatever form, the entire panoply of international legal rights and obligations applicable to the successor state (as well as any continuing state) potentially are affected”

GCILS Working Papers

On The Contribution of Investment Arbitration to Issues of Evidence and Procedure Before Other International Courts and Tribunals

Read more about this publication

“This chapter examines the contribution of investment arbitration to international dispute settlement more generally in relation to matters of evidence and procedure. Part 1 examines the practice of a number of inter-State dispute settlement fora in an attempt to gauge the contribution of the considerable body of practice of investment arbitration which has been built up over the course of the last few decades. It is shown that, at least at this point in time, this contribution is difficult to discern and appears to vary from one context to another.”

GCILS Working Papers

Fact-finding before the International Court of Justice

Read more about this publication

Fact-Finding before the International Court of Justice examines a number of significant recent criticisms of the way in which the ICJ deals with facts. The book takes the position that such criticisms are warranted and that the ICJ's current approach to fact-finding falls short of adequacy, both in cases involving abundant, particularly complex or technical facts, and in those involving a scarcity of facts. The author skilfully examines how other courts such as the WTO and inter-State arbitrations conduct fact-finding and makes a number of select proposals for reform, enabling the ICJ to address some of the current weaknesses in its approach. The proposals include, but are not limited to, the development of a power to compel the disclosure of information, greater use of provisional measures, and a clear strategy for the use of expert evidence