The assault on international adjudication and the limits of withdrawal
On 11 October 2019, Freya Baetens will participate in a research seminar at the European University Institute (EUI) in Florence on the theme of the assault on international adjudication and the limits of withdrawal.
Keynote presenter at this seminar is Prof. Campbell McLachlan who will be arguing that the act of treaty withdrawal is not merely a 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. 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 discussion will focus on the question whether 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.