Legal Reading group: The Assault on International Adjudication and the Limits of Withdrawal

Nicola Strain introduces Campbell McLachlan, "The Assault on International Adjudication and the Limits of Withdrawal" (2019) The International and Comparative Law Quarterly 68(3): 499-537.

Abstract

Withdrawal from international adjudication is a contemporary phenomenon with wide implications. The act of treaty withdrawal is not to be seen as merely 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 to peaceful settlement of disputes through international adjudication is central, not incidental, to the successful operation of the international legal system.

The article is available here.

Published Dec. 13, 2019 9:30 AM - Last modified Jan. 20, 2020 6:44 AM