Treaty Law

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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, as the Istanbul Convention due to Turkey’s leading role in its creation. Published in the Official Gazette in the early hours of 20 March 2021, Presidential Decision 3718 reads: ‘It is decided that the Council of Europe Treaty on Preventing and Combating Violence against Women and Domestic Violence signed on 11/5/2011 and ratified on 10/2/2012 with the Council of Ministers Decision No 2012/2816 is to be terminated based on Presidential Decree No 9 paragraph 3.’ The Istanbul Convention was ratified by the Turkish Grand National Assembly on 24 November 2011. Its ratification was unanimous. On 10 February 2012, it was approved by the Council of Ministers, an organ now replaced…

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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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The Luxembourg Court Rules on the Difference between States and Countries as International Law Actors

On 23 September 2020, the General Court of the European Union (GCEU) in Case T-370-19 Kingdom of Spain v. European Commission rendered a judgment that will surely become an important footnote in any textbook of public international law dealing with treaties and subjects. In this case, the GCEU ruled, among others, on whether certain acts…

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