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LCIL Friday Lecture: 'Why Systemic Integration Matters Now' - Professor Campbell McLachlan KC

LCIL International Law Centre Podcast

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Is the Principle of Systemic Integration an Engine of Judicial Activism?

The ILC report got a relatively favourable reception in the sixth committee of the General Assembly. Some delegations particularly highlighted as useful the development of the objective of systemic integration. But more recently the specific question of the extent to which an international tribunal is entitled to look beyond the specific treaty texts has been contested by some states. This argument of Exeter Pouvoir that international courts and tribunals have exceeded their mandate in ways that detract from the particular obligations of the parties under the specific treaty was also advanced against other courts including the European Court of Human Rights.

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