Treaty Law

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The New Wave of Article 63 Interventions at the International Court of Justice

Recent developments in the Ukraine v. Russia case at the International Court of Justice may force the Court to address head-on an important point of procedure relating to intervention pursuant to Article 63 of the Court’s Statute. The Court’s Statute in Articles 62 and 63 provides two separate devices to States wishing to intervene. In general terms, both are incidental proceedings, governed by largely uniform procedures under Articles 81-86 of the Rules of Court.  Neither requires the consent of the parties to the case, but both require the third-party State to establish a form of legal interest in the case: under Article 62 this is a particular ‘interest of a legal nature which may be affected by the decision in the case’ and in respect of Article 63 it is simply that the intervening State be a party to a convention that must be interpreted by the Court. If a State intervenes as a non-party pursuant to Article 62 the judgment may take its interests into account but will not bind the…

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The Mutual Legal Assistance Treaty for Core Crimes: Filling the Gap?

Since 2011, work has been underway in the Mutual Legal Assistance Initiative (MLAI) to create a modern, procedural, multilateral treaty on mutual legal assistance and extradition, which better facilitates cooperation between states in the prosecution of international crimes. However, recent drafts of the Convention on International Cooperation in the Investigation and Prosecution of the Crime of…

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Is There a Legal Duty to Cooperate in Implementing Western Sanctions on Russia?

Following Russia’s invasion of Ukraine, the United States, Europe and other allies imposed sanctions on Russia for violating the prohibition against the use of force, a peremptory norm owed to the international community as a whole. While the ability of these sanctions per se to put a swift end to Russia’s invasion has been doubted (see…

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Inadequate State Response to Protect Life and Health in Times of COVID-19 as a Violation of Human Rights Obligations – the Example of Poland

While the fourth wave of COVID-19 pandemics flows over Europe and other continents, States undertake different steps and measures aimed at minimizing the spread of the virus. Many countries and regions introduced the requirement of COVID certificates/passes, while some plan to implement mandatory vaccinations at least for certain occupations. These measures have spurred discussions of…

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Collective Security Treaty Organization: Why are Russian Troops in Kazakhstan?

Background One matchstick is enough to burn the house down, especially when gas is involved. Shortly after New Year’s Eve, protests began in Kazakhstan, the biggest and economically strongest state in the Central Asian region, over rising gas prices. The protests have transformed from mere price reduction demands into anti-government riots. A decade ago,…

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