06 January 2025
Territorial Concessions to the Aggressor
How can Russia’s war of aggression against Ukraine be brought to an end? With recent proposals by the Trump transition team, a possible peace treaty with Ukraine and Russia is gaining renewed attention. Gregory Fox predicts that “territorial transfers […] would likely be at the heart of any agreement”. The rule on coerced treaties (Art. 52 VCLT) poses a major legal obstacle to territorial concessions to an aggressor state. Under that rule, a treaty is void if its conclusion has been procured by an unlawful threat or use of force. That notwithstanding, a treaty invalid under Art. 52 VCLT can be validated by the UN Security Council (UNSC), a solution that is also compatible with jus cogens. Continue reading >>
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29 February 2024
When Treaties are Forbidden
A few months ago the UK’s Supreme Court held that the Secretary of State’s policy to remove protection seekers to Rwanda to have their claims determined there was unlawful. The British government responded to this decision with a Treaty and Bill that seek to legislate the fiction, or indeed, the falsehood, of Rwanda’s safety. This move demonstrates the fragility of the rule of law, both domestically and internationally. Addressing the latter, this essay shifts focus from domestic challenges to international ones, exploring whether STCs could be contested as ‘forbidden treaties’. Continue reading >>
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