The assault on international adjudication and the limits of withdrawal
- International adjudication is currently under assault, encouraging a number of States to withdraw, or to consider withdrawing, from treaties providing for international dispute settlement. This Working Paper argues that the act of treaty withdrawal is not merely as the unilateral executive exercise of the individual sovereign prerogative of a State. International law places checks upon the exercise of withdrawal, recognising that it is an act that of its nature affects the interests of other States parties, which have a collective interest in constraining withdrawal. National courts have a complementary function in restraining unilateral withdrawal in order to support the domestic constitution. The arguments advanced against international adjudication in the name of popular democracy at the national level can serve as a cloak for the exercise of executive power unrestrained by law. The submission by States of their disputes to peaceful settlement through international adjudication is central, not incidental, to the successfulInternational adjudication is currently under assault, encouraging a number of States to withdraw, or to consider withdrawing, from treaties providing for international dispute settlement. This Working Paper argues that the act of treaty withdrawal is not merely as the unilateral executive exercise of the individual sovereign prerogative of a State. International law places checks upon the exercise of withdrawal, recognising that it is an act that of its nature affects the interests of other States parties, which have a collective interest in constraining withdrawal. National courts have a complementary function in restraining unilateral withdrawal in order to support the domestic constitution. The arguments advanced against international adjudication in the name of popular democracy at the national level can serve as a cloak for the exercise of executive power unrestrained by law. The submission by States of their disputes to peaceful settlement through international adjudication is central, not incidental, to the successful operation of the international legal system.…
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| Author details: | Campbell McLachlan |
|---|---|
| URN: | urn:nbn:de:kobv:517-opus4-426855 |
| DOI: | https://doi.org/10.25932/publishup-42685 |
| Title of parent work (English): | KFG Working Paper Series |
| Publication series (Volume number): | KFG Working Paper Series (28) |
| Publication type: | Working Paper |
| Language: | English |
| Date of first publication: | 2019/03/07 |
| Publication year: | 2019 |
| Publishing institution: | Universität Potsdam |
| Release date: | 2019/03/28 |
| Issue: | 28 |
| Number of pages: | 38 |
| Source: | First publication of the paper: SSRN https://ssrn.com/abstract=3335394 |
| RVK - Regensburg classification: | PR 2207, PR 2566 |
| Organizational units: | Extern / Berlin Potsdam Research Group "The International Rule of Law - Rise or Decline?" |
| DDC classification: | 3 Sozialwissenschaften / 34 Recht |
| Peer review: | Nicht referiert |
| License (German): |  Keine öffentliche Lizenz: Unter Urheberrechtsschutz |
