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This chapter narrates the beginning of an international dispute. In Paris, we meet Filibert N’Diaye, a senior associate at Burnham & Hutz LLP, and his boss, law firm partner Lionel Blum, as they receive the mandate to represent a state before the ICJ. The newly-formed legal team is trying to develop a persuasive litigation strategy and to manage its delicate relationship with the client. Meanwhile, the chapter reflects on the profound transformations of the global legal services market in the last few decades. Yesteryear’s international litigators were an élite club of white Western men, who came to international law late in their careers and handled only a few disputes at a time. In recent years, many multinational law firms have established dedicated practice areas in the world’s dispute settlement capitals. The creation of a specialized ‘bar’ around each international court fostered the mutual acquaintance between counsel and the bench, thereby deeply affecting the substance, tone, and ethos of international litigation.
This chapter takes a break from ICJ proceedings and turns to international trade litigation. In Brussels, Commission lawyers Jasper Schoonraad and Duncan Doyle are preparing the European Union’s defence in a WTO dispute about imports of palm oil. The chapter is devoted to the difficult business of making a persuasive case before an international court, and reviews the building blocks of a good written brief. The skilful collection and organization of factual evidence, the ability to formulate legal arguments that resonate with the judges’ sensibilities, and the reputation of counsel in their professional environment are the elusive hallmarks of success as an international litigator. However, what distinguishes an excellent brief is its internal logic. To make a truly strong case, the counsel must develop a tight and coherent narrative that provides the court with the means to comfortably rule in their client’s favour.
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