ILA British Branch Spring Conference 'Synergy between Law of Treaties & International Responsibility' London 23 April 2021

ILA British Branch Spring Conference 2021

'Synergy between the Law of Treaties and the Law of International Responsibility: So Far Apart but Still So Close'

 23 April 2021 - Queen Mary University - London

The connection between the law of treaties and the law of international responsibility is a seemingly resolved question. Following the Rainbow Warrior award and the Gabcíkovo-Nagymaros judgment, it is now commonplace to think of the law of treaties and the law of international responsibility as being in a relationship of ‘functional separation’. The law of treaties relates to so-called ‘primary rules’; it serves to create obligations for States and establish their validity and scope. The law of international responsibility is a set of ‘secondary rules’, and it serves to determine when those primary rules, established by treaty, have been breached and what consequences follow. Their ‘function’ is different and, as such, they apply side-by-side.

But scratching beneath the surface, problems and uncertainties begin to emerge. Is the functional separation between the law of treaties and the law of responsibility airtight or is it porous, and does this matter? For instance, is the suspension of the performance of a treaty obligation by way of countermeasures in essence the same as the suspension of the treaty itself; can the formal distinction be maintained and, if so, to what end? Further, to what extent do treaties containing specific provisions on ‘secondary rules’ exclude the application the general rules of international responsibility? And what role does the law of responsibility have (if any) in respect of treaties which set up their own ‘compliance mechanisms’? Or if a State enters into an international agreement with a non-State actor and either party breaches the agreement? Or if a State fails to comply with a treaty which is only being provisionally applied?

The Annual Spring Conference of the British Branch of the International Law Association, organised and hosted by Queen Mary University of London aims to address these and other relevant questions, with a view to achieving a better and deeper understanding of the relationship between these two fundamental areas of international law. 

Please see https://www.qmul.ac.uk/law/events/ or contact lawevents@qmul.ac.uk for further information on registration and a copy of the programme.