,
4 tweets,
1 min read
Read on Twitter
So now Art 62 of the Vienna Convention seems to come back into fashion. This is about terminating any treaty because of a fundamental change of circumstances. 1/
First point to note that it's always been there - since 1969 in fact, in its codified form. So nothing new. Second point is that its scope is notoriously contested in international law: should never be an easy way out of international commitments! 2/
I've come across one instance: when Yugoslavia descended into war and dismemberment, the EU relied on the principle to rescind tariff concessions, which Serbia continued to claim. In Racke the ECJ found that that was an acceptable use of the principle - not without difficulty.3/
If the ERG and the DUP wish to hide behind this principle to change their vote, so be it. International lawyer will look at this as a mere fig-leaf (or a codpiece ...). As to the UK's AG now relying on this, well... I rest my case. END
