Discussions on Authority and Procedure in Withdrawal from International Treaties from the Perspective of International Law

被引:0
作者
Bal, Lider [1 ]
机构
[1] Gaziantep Univ, Hukuk Fak, Milletlerarası Hukuk Anabilim Dalı, Gaziantep, Turkiye
来源
PUBLIC AND PRIVATE INTERNATIONAL LAW BULLETIN | 2023年 / 43卷 / 02期
关键词
Istanbul Convention; international law; Vienna Convention on the Law of Treaties; withdrawing from conventions; human rights law; democracy; Council of Europe;
D O I
10.26650/ppil.2023.43.2.1366123
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Examples and threats of withdrawing from international treaties have occupied the agenda of public opinion more than ever in recent years. South Africa's withdrawal from the International Criminal Court, the USA's withdrawal from the Iran Nuclear Agreement and withdrawal threat from the Paris Agreement, the United Kingdom's withdrawal from the European Union, and Venezuela's withdrawal from the American Convention on Human Rights are the first examples that come to mind. These unusual examples of treaty withdrawal involve states governed by authoritarian regimes, as well as treaties that concern individual civil rights and freedoms. Both cases have debated the appropriateness of withdrawal decisions and the compatibility of the methods used to make these decisions using values such as democracy and the protection of human rights. Turkiye's withdrawal from the Istanbul Convention by presidential decree and the claim that the country can withdraw from the European Convention on Human Rights through the same method have caused legal debates and criticisms. Given the significance of the Istanbul Convention, particularly in terms of human rights law, and the international obligations arising from Turkiye's membership in the Council of Europe, these issues also need to be evaluated from the perspective of international law. In light of Turkiye's withdrawal from the Istanbul Convention, this study aims to examine the issues of authority and procedure regarding withdrawal from international treaties from the perspective of international law. For this purpose, examining the executive -centered approach of the Vienna Convention on the Law of Treaties would be appropriate first, followed by the new phenomenon based on the principles of separation of powers and democracy, which leads to questioning this approach at the international level, particularly in the context of human rights treaties.
引用
收藏
页数:42
相关论文
共 78 条
  • [1] ACHR, American Convention on Human Rights
  • [2] [Anonymous], 2002, Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v. Nigeria: Equatorial Guinea intervening) (Judgment)
  • [3] [Anonymous], 1924, Teskilati Esasiye Kanunu, Kanun Numarasi: 491
  • [4] [Anonymous], 2023, UN Doc ST/ LEG/7/Rev.l
  • [5] [Anonymous], 1968, Wemhoff v. Germany
  • [6] [Anonymous], 2020, IACtHR OC-26/20
  • [7] [Anonymous], 1961, Anayasasi, Kanun Numarasi334
  • [8] [Anonymous], 2010, Handbook of international law
  • [9] [Anonymous], 1951, icj Rep
  • [10] [Anonymous], 1998, United Communist Party of Turkey v. Turkey(19392/92)