Civil Society’s Role in the Development of International Law Through Strategic Litigation in Challenging Times

Abstract

Many Civil society organisations (‘CSOs’) are now using strategic litigation to realise their strategic goals and to influence the development of progressive rules of domestic and international law. Despite its growing popularity, this field of practice has not benefitted from detailed analyses, and practitioners are yet to produce one generally accepted definition. In addition to providing a working definition, this article argues that CSOs which use strategic litigation as a change-influencing tool should: (a) collaborate and address inherent weaknesses in the predominant fragmented strategic litigation model; (b) increase the number and diversity of litigation jurisdictions and forums, and (c) devise effective strategies to counter threats posed by Strategic Lawsuits Against Public Participation (SLAPPs) and the invariably high costs of strategic litigation.

Keywords: Strategic Litigation; public interest litigation, Civil Society Organisations; International Law; Human Rights; SLAPPs