Roundtable on international law & double standards

Double standards are pervasive in the international legal system, often highlighted in debates on international peace, climate obligations, and internet regulation. NGOs frequently report discrepancies in how legal standards are applied, documenting when certain actors are held accountable while others are not. These perceptions of double standards have shaped public discourse on conflicts and humanitarian crises in Ukraine, Sudan, Myanmar, and Gaza. UN Secretary-General Antonio Guterres has emphasized that upholding international law requires eliminating double standards.

Double standards, along with related issues like hypocrisy and whataboutism, undermine the fairness and legitimacy of international law. Accusations of double standards are especially damaging in fields like human rights, trade, humanitarian law, and international criminal law. They challenge the consistency on which international law relies, erode trust in reciprocity, and diminish the credibility of norms. Winston Churchill and Thomas Franck both noted the dangers of double standards, and despite the persistence of these concerns, there has been limited exploration of their impact on international legal practice.

Contemporary debates, spurred by conflicts like those in Gaza and Ukraine, have revived discussions about the legitimacy and purpose of international law. While accusations of double standards can challenge inconsistencies, they are sometimes politicized by states to deflect criticism, as seen in China's calls for investigation into Canada’s treatment of Indigenous children and Duterte's dismissal of the ICC prosecution. Despite their potential to deflect, these claims still highlight the uneven application of international legal norms.

Such accusations have become powerful tools in global politics, used by states to critique the post-WWII international order. For example, Russia and China have invoked double standards in justifying their actions in Ukraine and the South China Sea. Understanding the role of double standards in international law is essential, as they shape how law is practiced and perceived.

This roundtable, part of a project led by David Hughes (University of Toronto) and Patryk Labuda (Central European University), explores how perceived and actual double standards challenge the legitimacy of international law. Previous events have been held at Freie Universität Berlin and the American Branch of the International Law Association, with a major conference planned for May 2025 in Geneva. The University of Ottawa roundtable, supported by the Human Rights Research and Education Centre, will bring together experts from various legal fields for an informal discussion on the impact of double standards on the practice and perception of international law. Participants will explore how these dynamics intersect with political interests and selective enforcement, aiming to foster a deeper, interdisciplinary understanding of the issue.

PROGRAM

9:00 – 9:30 | Arrive and Welcome Remarks

9:30 – 10:45  | Eclecticism and Narrowness: Understandings and Application of Double Standard

Moderator & Co-Convenor

• Olabisi D. Akinkugbe, Schulich School of Law, Dalhousie University

Panelists:

• Obiora Okafor, Johns Hopkins University School of Advanced International Studies
• Florence Shako, Executive Director, Centre for Education Policy and Climate Justice
• Stuart Trew, Canadian Centre for Policy Alternatives
• Sanaa Ahmed, Faculty of Law, University of Calgary

10:45 – 11:00 | Coffee Break

11:00 – 12:15 | Framing the Relationship Between Double Standards and International Law

Moderator & Co-Convener

• David Hughes, Trintiy College, University of Toronto

12:15 – 13:30 | Lunch

13:30-14:45 | On “Exceptionalism”

Moderator and Co-Convenor

• John Packer, Faculty of Law, University of Ottawa