Globalization, Law & Justice Series

presents

Dr. Hannah Woolaver
University of Capetown

From Joining to Leaving: Domestic Law’s Role in the International Legal Validity of Treaty Withdrawal

Tuesday, December 5, 2017
12:30 - 1:45
Flavelle House, Room 223 (Betty Ho Classroom)
78 Queen's Park

The boundaries between international and domestic systems of public law are complex and dynamic. As the scope and ambition of public international law expands, this has significant implications for the conception of state sovereignty in international law, and also for domestic public law. These challenges can become acute especially in the realm of constitutional law. This paper will address the relationship between international and domestic public law in the context of states’ exit from international treaties. In particular, it will examine the role of domestic constitutional rules in the international legality of states’ withdrawal from treaties.  

The question whether the manner of a state’s withdrawal from a treaty must comply with its domestic constitutional rules to have effect in international law is of widespread and topical importance. It has recently arisen, inter alia, in relation to the UK’s exit from the European Union, South Africa’s possible departure from the International Criminal Court, and the threatened renunciation of various treaty regimes by the USA. Surprisingly, the topic has not yet received significant judicial or scholarly attention.  Further, the Vienna Convention on the Law of Treaties 1969 (VCLT), the leading instrument on the law of treaties, is silent on the question. While the VCLT provides that a violation of the state’s internal law can vitiate a state’s consent when joining a treaty - a rule which has generated much judicial, diplomatic, and scholarly comment - there is no equivalent provision relating to treaty exit. Furthermore, relevant national case law addressing constitutional requirements for treaty withdrawal does so purely from the perspective of domestic public law, without addressing whether an unconstitutional withdrawal may nonetheless be effective in international law. 

The paper will proceed in four parts. First, an outline of the relationship between international and domestic public law in the law of treaties will be provided, setting out the tension between two competing imperatives in international law: the certainty and security of treaty regimes, and respect for state sovereignty and domestic constitutional rules. Second, the varying domestic public law approaches to treaty withdrawal will be examined, including consideration of the recent case studies involving the UK, South Africa, and the USA noted above. Third, it will be explored whether, despite the absence of treaty-based regulation, the international lex lata integrates recognition of the requirements of domestic public law when assessing the legality of a state’s treaty withdrawal. Finally, it will be proposed that, de lege ferenda, while generally violation of domestic public law should not invalidate a state’s treaty withdrawal for the purposes of international law, an exception should be recognized: if the manner of withdrawal constituted a manifest violation of a domestic public law rule of fundamental importance, then it should be ineffective in international law. Such a development would balance the imperatives of treaty security and the fundamental right of states to sovereign equality, bring the rules of joining and exiting treaties into parallel, and represent a positive clarification of the frontier between domestic and international public law.

The IHRP and the Globalization, Law & Justice Workshop Series present:

Is ISIS a State? The Status of Statehood in the Age of Terror

Thursday, September 14, 2017

12:30-2pm, Jackman Law Building, Room: J130

A light lunch will be served.

Professor Noah Novogrodsky will discuss his essay which considers the definitional challenge posed by the Islamic State’s state-like attributes and suggests a new approach to recognizing sovereignty within the meaning of international law.  The dual factors proposed – respect and observance of fundamental human rights in territory controlled by the candidate state, and acceptance of the sovereign co-existence of other states – are intended to reframe traditional analyses of the Montevideo Convention.  His piece draws upon on recent scholarship, judicial decisions and diplomatic practices surrounding recognition of would-be states to identify a form of human rights minimalism and acknowledgment of the international order that may usefully inform debates concerning potential future sovereigns.

Event Poster (PDF)

Tuesday, June 14, 2016

Globalization, Law & Justice Workshop

The Past and Future of Investor-State Arbitration:
CETA, TPP, TTIP, and BeyondCETA, Beyond

Featuring:

Jan Kleinheisterkamp, London School of Economics
Gus Van Harten, Osgoode Hall Law School
David Schneiderman, University of Toronto

2013 Schedule
DateSpeakerTopic
September 19
Thursday
4:10 - 6:00

Peer Zumbansen, Osgoode Hall Law School

Lochner Disembedded: The Anxieties of Law in a Global Context

September 26
Thursday
4:10 - 6:00

David Schneiderman, Faculty of Law, University of Toronto

The Global Regime of Investor Rights: Return to the Standard of Civilization?.

 October 3
Thursday
4:10 - 6:00

Christopher Brummer, Georgetown Law Center

 Minilateralism: How Trade Alliances, Soft Law and Financial Engineering are Redefining Economic Statecraft

 October 24
Thursday
4:10 - 6:00

Harry Arthurs, Emeritus, York University,

 Making Bricks Out of Straw: The Creation of a Transnational Labour Regime

October 31
Thursday
4:10 - 6:00

Ruth Okediji, University of Minnesota Law School
*Co-sponsored with the Centre for Innovation Law 

Public Welfare and the International Patent System

 November 12
TUESDAY
4:10 - 6:00
Solarium (room FA2)

David M. Trubek, University of Madison-Wisconsin Law School
*Co-sponsored with Law and Economics Workshop

PLEASE NOTE CHANGE OF DAY.

Beyond Self-Estrangement:  Law and Development 40 Years On

 November 14

Dan Cole, Indiana University Maurer School of Law

 The Problem of Shared Irresponsibility in International Climate Law 
November 28

Frédéric Mégret, McGill University Faculty of Law

 International law and the social construction of the legitimate monopoly over the use of force

Globalization, Law & Justice Workshop Series
2010 - 2011

DateSpeakerTopic
September 16

Dan Danielsen
Northeastern University Law School

Local Rules and a Global Economy

September 23

 

 

Lavanya Rajamani
Centre for Policy research, New Delhi

Co-sponsored by the Law, Governance and Global Environmental Change Workshop series.

The Making and Unmaking of the Copenhagen Accord

 

 September 30James Hathaway
University of Michigan Law School

 Dictating Asylum: What Does International Law Allow?

 October 7

Philomila Tsoukala
Georgetown University Law Center

Co-sponsored by the Feminism & Law Workshop series.

 Marrying Family Law to the Nation


October 28

Karen Engle
University of Texas at Austin School of Law 

The Elusive Promise of Indigenous Development: Rights, Culture, Strategy

 November 11

Cynthia Estlund
New York University Law School

China's Labour Question: Will a Hundred Flowers Bloom? (by Cynthia Estlund and Seth Gurgel

 November 18

Susan Marks
London School of Economics Dept. of Law 
 Human Rights and Root Causes

November 25Amy Cohen
Ohio State University Moritz College of Law 
 

 

GLOBALIZATION, LAW & JUSTICE WORKSHOP SERIES 2009 - 2010

DateSpeakerTopic
September 17

David Schneiderman
University of Toronto Faculty of Law

Contesting Economic Globalization

September 25
Friday
12:30 - 2:00

 

Robert Howse
New York University School of Law

Co-sponsored by the Law, Governance & Global Environmental Change Workshop series
PLEASE NOTE time/day change

WTO Subsidies Disciplines and Climate Change Mitigation Policies:  Options for Reconciliation


 October 1 TBD 
 October 8 No Class 
 October 15

Rosemary Coombe
York University

The Expanding Purview of Cultural Properties and their Politics

 October 22

Ruti Teitel
New York University Law School

Cross-judging: tribunalization in a fragmented but interconnected global order 
 October 29Eleanor Brown
George Washington University Law School 
 Outsourcing Immigration Compliance
 November 5No class.  Reading Week.  

November 12

 

John Ohnesorge
University of Wisonsin-Madison School of Law

Legal Origins and the Tasks of Corporate Law in Economic Development: A Preliminary Exploration

November 19 Sally Merry
New York University 
Measuring the World: Indicators, Human Rights, and Global Governance 

 November 26

 

Naresh Singh
Director General for Governance and Social Development, Policy Branch, Canadian Internatinoal Development Agency

 Making Globalisation Inclusive by Making the Law Work for Everyone

 

GLOBALIZATION, LAW & JUSTICE WORKSHOP SERIES 2007 - 2008

DateSpeakerTopic
 September 20Neil Walker
European University Institute
 Taking Constitutionalism Beyond the State
October 11

Sanjay Reddy
Barnard College, Economics
Columbia University

Law as constraint, law as creative power: The debate on labour standards and the international trading system

November 1

Karen Knop
University of Toronto Faculty of Law
Ralf Michaels
Duke University School of Law
Annelise Riles
Cornell University Law School

The Fall and Rise of Private International Law: From Conflict of Laws to Theory of Private Global Governance

November 15Don MacRae
University of Ottawa, Faculty of Law

Restatement or Reform?  The Role of the International Law Commission

November 22

Shirin Rai
University of Warwick, Dept. of Politics and International Studies

Co-sponsored by the Feminism & Law Workshop

Feminising Global Governance
 November 29

THIS WORKSHOP HAS BEEN CANCELLED
Dan Danielsen
Northeastern University School of Law

 Bilateral Investment Treaties

RESCHEDULED FROM NOV. 27
NEW DATE:
November 29

Linda Bosniak
Rutgers School of Law

The Privilege of Presence: Reflections on Territoriality
 December 6Cynthia Williams
Osgood Hall Law School
York University
Global Banks as Global Sustainability
Regulators:  The Equator Principles

 

GLOBALIZATION, LAW & JUSTICE WORKSHOP SERIES 2006 - 2007

Unless otherwise noted, all workshops are Wednesdays from 4:10-6:00
in the Solarium (Room FA2)
Falconer Hall, 84 Queen's Park.

DateSpeakerTopic
September 13Peer Zumbansen
Osgoode Hall Law School
York University
Transnational Law:  Approaches to a Contested Concept

September 20

Christian Joerges
European University Institute

Free Trade with Hazardous Products?  The Emergence of Transnational Governance with Eroding State Government

September 27

Lance Compa
Cornell University

What Future for International Labour Law?

October 4

Ruth Buchanan
York University

Legitimating Global Trade Governance: Constitutional and Legal Pluralist Approaches

October 11

Alvaro Santos
University of Texas

What Kind of "Flexibility" in Labor Regulation for Economic Development?

October 18

Kamari Clarke
Yale University

Global Justice, Local Controversies:  The International Criminal Court and the Sovereignty of Victims

October 25

Chantal Thomas
University of Minnesota

Globalization and the Border:  How Trade Drives Immigration and What We Should Do About It (An Anti-Isolationist Analysis)
November 1James Thuo Gathii
Albany Law School

The High Stakes of WTO Reform

November 15Vasuki Nesiah
International Center for Transitional Justice

Feminism and Transitional Justice: Towards a Critically Reflective Practice

November 22
LOCATION:
Munk Centre
208 North House
1 Devonshire Place

Benedict Kingsbury
New York University



The Administrative Law Frontier in Global Governance: Promoting Accountability and Participation, or Legitimating Injustice?

Globalization, Law & Justice Workshop Series 2005-2006

Unless otherwise noted, all workshops are Wednesdays from 4:10-6:00 in the Falconer Solarium (FA2), 84 Queen's Park.

DateSpeakerTopic
September 28
(Wednesday)
Noah Novogrodsy & Darlene Johnston
University of Toronto
Litigating Indigenous Rights in Belize

October 19
(Wednesday)

Carl Stychin
University of Reading

Sexualities, Globalization and the Nation State

Readings:
We want to join Europe, not Sodom: Sexuality and European Union Accession in Romania

Same-Sex Sexualities and the Globalization of Human Rights Discourse

Friday
October 21
Location:
Classroom FLB
78 Queen's Park

Smita Narula
Centre for Human Rights & Global Justice and NYU Law School

International Law and the "untouchables"

Readings:
Debate on Private Sector Reservation
Myth and Reality
(book introduction)

'Untouchability': The Economic Exclusion of the Dalits in India

Wednesday
October 26

Nicole LaViolette
University of Ottawa, Faculty of Law
Coming Out to Canada:  The Immigration of same-sex couples under the Immigration and Refugee Protection Act

Friday
October 28
Location:
Room FA3
84 Queen's Park

Istvan Pogany
University of Warwick
The Roma of Central and Eastern Europe:  Some Human Rights Challenges

Wednesday
November 2
NEW LOCATION:
Classroom FLB
78 Queen's Park

Jonathan Berger
University of Witwatersrand
Topic:  International human rights law, intellectual property and the AIDS pandemic
Wednesday
November 16
Harry Arthurs
Osgoode Hall Law School
The Role of Global Law Firms in Constructing or Obstructing a Transnational Regime of Labour Law
Wednesday
November 23
Peter Leuprecht
Universite du Quebec a Montreal

Brave New  Digital World? Reflections on the World Summit on the Information Society

Additional reading:
The Difficult Acceptance of Diversity

Friday
November 25
Location:
Classroom FLB
78 Queen's Park
Anna Lawson
School of Law and Centre for Disability Studies
University of Leeds
Disabled People and the Shrinking Legal World:  Pitfalls, Promises and Potentials
Wednesday
November 30
Nathaniel Berman
Brooklyn Law School

The Law of War as a Field of Battle

Workshop readings:
Privileging Combat: Contemporary Combat and the Legal Construction of War

Legitimacy through DefianceFrom Goa to Iraq

2004-2005

Thursday, September 23, 2004           Ayelet Shachar, University of Toronto
4:10 – 6:00                                              Birthright Citizenship as Inherited Property:  A Critical Inquiry
 

Thursday, September 30, 2004           Thomas Pogge, ColumbiaUniversity
4:10 – 6:00                                              Severe Poverty as a Human Rights Violation
 

Thursday, October 7, 2004                 Will Kymlicka, Queen’s University
4:10 – 6:00
                                          National Minorities in Post-Communist Europe:
The Role of International Norms and European Integration      

Thursday, October 14, 2004               Neil Walker, European University Institute
6:00 – 8:00                                          Europe’s Constitutional Momentum and the Search for Polity
Dinner will be served.                            
Legitimacy
               Co-sponsored by the Constitutional Roundtable 

Thursday, October 21, 2004               Kevin Davis, New YorkUniversity
4:10 – 6:00                                             Regulation of Technology Transfer to Developing  Countries: The Relevance of Institutional Capacity

Thursday, October 28, 2004               Oona Hathaway, YaleUniversity
4:10 – 6:00                                              Between Power and Principle:  A Political Theory of International Law

Thursday, November 11, 2004           Claire Cutler, University of Victoria
4:10 – 6:00                                              Privatized Governance, Transnational Law Firms, and Global Capitalism 

Thursday, November 18, 2004           Bryant Garth, American Bar Foundation
4:10 – 6:00                                              Law, Class and Imperialism

Thursday, November 25, 2004           Jutta Brunnee, University of Toronto & Stephen Toope, McGill University
4:10 – 6:00
                                             The Use of Force:  International Law After Iraq
                                                               

Thursday, December 2, 2004              John Ruggie, HarvardUniversity
4:10 – 6:00                                              American Exceptionalism, Exemptionalism and Global Governance