Treaty Law

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Brexit, the Irish Protocol and the ‘Versailles Effect’

What does the Treaty of Versailles have to do with Brexit, you may be asking yourself? Quite a lot I would like to suggest. But a preliminary comment is necessary. In the current state of polarized societies  and, increasingly, a polarized academy, an old-style ‘Voltairian liberal’ like myself (of the ‘I disapprove of what you say, but I will defend to the death your right to say it’ ilk), who is, too, an accommodationist by disposition and praxis (of the ‘let’s look for a solution that can accommodate as much as possible the conflicting positions’ ilk), regularly manages to alienate both poles. Say one good word on the redistributive policies of the current Polish government and the response will be brimstone and fire from one pole. (Excuse the pun.) Say one (or more) bad word on their rule of law policies, and dust and ashes will rain down from the other pole. You end up being the ‘enemy’ of both. Polarization. This is not a personal, ‘poor me’ complaint. From the privileged position of a tenured…

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Withdrawal from the Istanbul Convention by Turkey: A Testing Problem for the Council of Europe

On Saturday 20 March 2021, Turkey woke up to a historic first – the announcement of its first withdrawal from a human rights treaty by the President. A presidential decision declared that Turkey was leaving the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence. This is the convention better known, most ironically,…

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Don’t Leave Me This Way: Regulating Treaty Withdrawal in the Inter-American Human Rights System

What happens after a state party denounces a human rights treaty? Which legal obligations continue and how should other member states react? On December 16, 2020, the Inter-American Court of Human Rights (IACtHR) addressed those central questions in a much-anticipated advisory opinion on the procedure for and effects of withdrawal from the American Convention on Human Rights (ACHR)…

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Israel’s perspective on Key Legal and Practical Issues Concerning the Application of International Law to Cyber Operations

Transcript of the keynote speech delivered by Israeli Deputy Attorney General (International Law), Dr. Roy Schöndorf, on 8 December, 2020 at the US Naval War College's event on "Disruptive Technologies and International Law".* I would like to present, here today, Israel's perspective on key aspects of the application of international law in connection…

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Nuclear Weapons and International Law: The Impact of the Treaty on the Prohibition of Nuclear Weapons

With Honduras being the 50th state to ratify the Treaty on the Prohibition of Nuclear Weapons (TPNW) on the 24th of October 2020, the 90 day countdown has begun for the treaty to come into force. Honduras also happened to ratify the treaty on UN Day, and not just any UN day, but the 75th anniversary…

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