The publications listed here represent a small selection of the work of staff members of the GCILS. To see full listings of publications please click through to the University of Glasgow main webpages in each individual staff member profile.

‘Witnesses and Guarantors: Third-Party Obligations and the Internationalisation of Peace Agreements’

Read more about this publication

While third states and international organisations often co-sign peace agreements in the capacity of witnesses or guarantors, little is understood of the legal consequences flowing from these roles. The chapter aims to fill this gap. First, it highlights that the mere designation of witness or guarantor leads to few consequences. Second, it analyses how specific third-party rights and obligations are established and conceptualised under VCLT rules, extended by analogy to intra-state peace agreements. Third, it provides a brief illustration of common third-party rights and obligations in peace agreements. Finally, it examines whether the involvement of third parties can internationalise an intra-state peace agreement, i.e. render it to be governed by international law. Bringing together views from the literature, jurisprudence and the preceding analysis on the structure of third-party rights and obligations, the chapter concludes that such rights and obligations can be internationalised, in a manner that can only extend to the agreement as a whole when inseparable from the rest of the agreement.

in: Marc Weller, Mark Retter & Andrea Varga (eds.), International Law and Peace Settlements (CUP, 2021)

9781108627856

Entrenching Peace in Law: Do Peace Agreements Possess International Legal Status?

Read more about this publication

Some 650 peace agreements have been concluded between governments and armed opposition groups since 1990. These agreements often do not fulfil the criteria of sources in domestic or international law: they are negotiated outside the established lawmaking channels of domestic law and are signed by armed opposition groups, which are traditionally not accorded treaty-making capacity in international law. Yet many scholars contend that the international legal status of peace agreements should be recognised either as international(ised) or hybrid agreements. In some peace processes, negotiating parties also intend to attach international legal status to their agreement. Consequently, a rich repertoire has emerged on the question of the international legal status of peace agreements across the practice of peacemaking, United Nations Security Council (‘UNSC’) practice, domestic and international judicial and arbitral decisions, and scholarship. Providing a comprehensive examination of this repertoire, this article demonstrates that peace agreements are not yet attributed legal status in international law. However, it is also explained that the lack of international legal status of peace agreements does not yield their conclusion and implementation as precarious, as is often feared. Attaching international legal status to peace agreements would neither shield them from all domestic and international judicial challenges nor necessarily function as an incentive to conclude and comply with a peace agreement. The article concludes on the note that the lack of international legal status does not relegate peace agreements to ‘scraps of paper’, as the implementation of peace agreements can be enhanced by incorporation into domestic law and through international oversight mechanisms, including the tools at the disposal of the UNSC.

Melbourne Journal of International, 2020, Vol 21(1)

What Happens Next? The Law of State Succession

Read more about this publication

In this chapter, however, I consider what happens next. In other words, I will discuss the law of state succession. The chapter will proceed as follows. First, I provide a brief overview of the development and central tenets of the law of succession. Just like the creation of states, the law of state succession is a fundamental, foundational part of international law. When instances of state succession occur, in whatever form, the entire panoply of international legal rights and obligations applicable to the successor state (as well as any continuing state) potentially are affected”

GCILS Working Papers

International Adjudication and Its Discontents: A Pluralist Approach to International Tribunal Backlash

Read more about this publication

International tribunal backlash remains poorly understood: hampered by conceptual challenges, systematic research into the causes of this phenomenon remains nascent. The present article makes two contributions to advancing this endeavour. First, building on existing literature, it sets out a working definition of international tribunal backlash, tailored to facilitate mixed method empirical research into the causes of backlash across institutions and sectors. Second, drawing on international relations’ pluralist turn, the article provides an analytically eclectic theoretical scaffold for causal analysis of international tribunal backlash, enabling standardised cross-institutional and sectoral comparison without over-simplifying the complexity of backlash in various instances. The article accordingly provides the building blocks for improved understanding of the causes of – and the potential scope to manage – international tribunal backlash across institutions, regions and sectors.

Israel Law Review 53(3) 2020, pp 301–333. © The Author(s), 2020. Published by Cambridge University Press in association with The Faculty of Law, The Hebrew University of Jerusalem. doi:10.1017/S0021223720000138

On The Contribution of Investment Arbitration to Issues of Evidence and Procedure Before Other International Courts and Tribunals

Read more about this publication

“This chapter examines the contribution of investment arbitration to international dispute settlement more generally in relation to matters of evidence and procedure. Part 1 examines the practice of a number of inter-State dispute settlement fora in an attempt to gauge the contribution of the considerable body of practice of investment arbitration which has been built up over the course of the last few decades. It is shown that, at least at this point in time, this contribution is difficult to discern and appears to vary from one context to another.”

GCILS Working Papers

International Courts and Tribunals and Violent Conflict

Read more about this publication

“This chapter examines international adjudication and arbitration, assessing the diverse roles of international courts and tribunals (ICaTs) in relation to violent conflicts. It shows that, over time, ICaTs have come to render decision upon decision, but – contrary to the expectations of early arbitration movements – hardly ever prevent ‘wars between nations’. Their mandates have been expanded, but typically only cover aspects of violent conflicts. While such aspects are today increasingly submitted to arbitration or adjudication, ‘conflict litigation’ remains controversial and challenges the authority of ICaTs. As the chapter demonstrates, the significance of arbitration and adjudication over questions of violent conflict has varied over time and forms part of the general history of international dispute resolution. Having surveyed this general history, the chapter sketches out the evolving legal framework governing courts and conflicts. It discusses which aspects of violent conflicts are addressed by ICaTs under contemporary international law and highlights current challenges of ‘conflict litigation’.”

GCILS Working Papers