Legal Reading Group: 'Exit from International Tribunals'
Doctoral Research Fellow Laura Letourneau-Tremblay will discuss 'Exit from International Tribunals' by Joost Pauwelyn and Rebecca J.Hamilton.
This Commentary marks the first effort to provide a comprehensive overview of the attempts that states have made to exit international tribunals over the past decade.
Others have seen pieces of this puzzle from the vantage point of different subfields of international law. Scholars have sought to explain state dissatisfaction with adjudicatory actions in trade or human rights. But by looking at exit across international law as a whole, we can begin to gain a fuller appreciation of the drivers (and deterrents) to exit at a system-wide level. In a time of growing populism, and its associated backlash against international law and courts in general, it is easy to lay the blame for tribunal exit at the feet of parochial national leaders. The article conclude, however, that this represents an oversimplification of the exit story.
As this Commentary suggests, changes at both the state and tribunal levels are fuelling the push towards exit. State-centred drivers of populist ideology and the weight of sovereignty costs undoubtedly play a role. But, tribunals need to take some share of the responsibility too.
About the legal reading group
The legal reading group meets on a regular basis to discuss leading publications on international courts and tribunals. The aim is to develop our understanding of an article/book chapter and how it might be relevant for our own projects, through sharing insights on its substance, merits, and broader context. The reading group managed by PluriCourts, but open to everyone that is interested.