There are international lawyers who make outstanding contributions to their fields. And there are international lawyers who actually create the fields we study and insert life into them.
Professor Sir Nigel Rodley was both.
Nigel’s scholarly interests long focused on the place of human rights in international law and the development of human rights law within international law.
His early work on international law was at the intersection of the law on the use of force and human rights. His 1973 American Journal of International Law article, co-authored with Tom Franck, ‘After Bangladesh: The Law of Humanitarian Intervention by Military Force’ remains the authoritative piece on the legality of unilateral humanitarian intervention under international law. His 1979 piece ‘Enhancing Global Human Rights’ in Foreign Affairs, co-authored with Louis Henkin, Richard Falk and Jorge Dominguez, asked how global human rights could be enhanced against the background of UN human rights treaties coming into force.
Nigel’s contribution to human rights in international law continued throughout his career. By the end of the 1980s, Nigel focused on the role of the International Court of Justice in advancing human rights in international law. His 1992 edited book To Loose the Bands of Wickedness: International Intervention In Defence of Human Rights – the astute and witty title as always a hallmark of Nigel’s writing – was one of the first to spot the then unexpected sea change in the involvement of the Security Council in humanitarian interventions. In 2007, revisiting humanitarian intervention in the aftermath of Kosovo in an article we co-authored, Nigel perceptively outlined the methodological challenges of international law in legalizing humanitarian intervention.
It goes without saying that general international law and how human rights figure in it would have benefited from more contributions from Nigel. His calling, however, was elsewhere. Read the rest of this entry…